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Administrative hearing on Lance E. Kelsey's petition for reinstatement concludes; board admits exhibits and will deliberate in closed session

Structural Pest Control Board · October 16, 2024
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Summary

The Structural Pest Control Board heard testimony and evidence in the reinstatement petition of Lance Eugene Kelsey on Oct. 16. Prosecutors summarized decades of license discipline; Kelsey admitted prior false mechanic's liens and described rehabilitation efforts. The matter was submitted and will be decided after closed-session deliberation.

An administrative hearing on Oct. 16 before the Structural Pest Control Board considered a petition by Lance Eugene Kelsey to reinstate a revoked operator's license.

Administrative Law Judge Sean Gavin opened the record (OAH case 2024-090-635) and Deputy Attorney General Adriana Lazark presented a 601-page exhibit packet outlining Kelsey's licensing and disciplinary history, including two pivotal accusations (2004-22 and 2005-24) that led to revocation in 2006 and related findings that Kelsey filed false mechanics liens. Lazark told the board that, should it choose to reinstate the license, Kelsey would be required to pay board costs (described in the record as approximately $22,647.59).

Kelsey, who appeared without counsel, was sworn and testified at length about his life since the revocation. He described work in Nevada and elsewhere, participation in courses on pesticide safety and integrated pest management, enrollment in a Federal Motor Carrier Safety Administration (FMCSA) drug-monitoring program after a positive marijuana test in April 2021, and other efforts he said show rehabilitation. He also raised concerns about apparent inconsistencies in the record and on the board's website (including a listing he said showed a conflicting address), which the judge said petitioner could address during sworn testimony.

Under questioning by Lazark, Kelsey acknowledged multiple prior filings of mechanics liens that the prior proceedings and the OAH record had found to be fraudulent, and he accepted that those incidents bear on his character and honesty. He said he now understands how those filings can harm homeowners and acknowledged the board's prior findings.

The judge admitted the prosecution's Exhibit 1 in full after overruling preliminary objections, and the petitioner's additional document sets were admitted as Exhibit A and Exhibit B after review. Board members asked follow-up questions about Kelsey's drug-test history, participation in counseling and monitoring, and the steps he would take to avoid repeat misconduct; Kelsey described random testing, counseling, and a multi-year period in which he said he worked outside the pest-control trade and took education courses.

After testimony, both parties confirmed they had no further evidence. The matter was submitted to the board and the hearing record was closed for deliberation. Judge Gavin told the petitioner the board would deliberate in closed session and issue a decision later (the statute gives the board up to 100 days to act). No decision was announced at the meeting.

The board also discussed a separate reinstatement petition for Jose G. Carrillo that day and deemed that petition withdrawn without prejudice because the petitioner did not appear.

The hearing's evidentiary record (including case and accusation numbers cited by counsel and the OAH) will be used by the board during closed-session deliberations. The board did not vote on Kelsey's petition during open session.