Scheduling a PQME Re-evaluation in 60 days

Lopez v. Hemington Landscape discusses the 60 day requirement as it relates to PQME re-evaluations.  In this case, the applicant requested a replacement PQME because the QME was unable to schedule a re-evaluation within 60 days of the request per Title 8 CCR §31.5(a)(2). However, the specific language of 8 CCR §31.5(a)(2) states this requirement pertains to the initial evaluation and is silent as to a re-evaluation.  The court held that the plain language of the regulation limits the 60 day requirement to only initial evaluations.

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