Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 94 - PEST CONTROL OPERATORS
Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE
Section 16-94-26.2 - Notice due board on death, dissociation, or disability of RME

Universal Citation: HI Admin Rules 16-94-26.2

Current through August, 2024

(a) A pest control operator who qualified for licensure by employment of an RME shall within thirty calendar days after the death, dissociation, or disability of the RME, notify the board of the death, dissociation, or disability of the RME, submit an application to qualify a new RME, appoint a new RME who already holds a license, or place its pest control operator's license on inactive status. The pest control operator may continue to operate until the board makes a final determination upon its timely application to qualify a new RME; provided that the pest control operator may not bid upon or enter into new contracts until the board's determination is made or a new licensed RME is appointed.

(b) For purposes of this section, "Disability" includes any situation in which the direct management of the licensed pest control operator's business is no longer under the control of the principal RME or when a subordinate RME is unable to be responsible for all pest control services relating to the classifications of branches held by the subordinate RME.

(c) Failure of the pest control operator to notify the board of the death, dissociation, or disability of the RME within the thirty-calendar day period shall result in the license being automatically forfeited without a hearing. The license may be restored when the pest control operator employs another licensed individual as the RME or the pest control operator files a new application with the board.

(d) Failure of the pest control operator to submit an application for a new principal RME within thirty calendar days of the death, dissociation, or disability, and to qualify a new principal RME within the time period allowed by the board shall result in the automatic forfeiture of the pest control operator's license without a hearing.

(e) Pest control operators shall not bid or enter into contracts without having a principal RME in its employ who has direct management of the pest control business.

(f) An RME who dissociates from the pest control operator shall notify the board within thirty calendar days of the dissociation. The RME shall:

(1) Apply to become a pest control operator by submitting fees, tax clearance or proof of payment arrangement, credit report, and required insurance;

(2) Obtain employment with another pest control operator which shall submit a proper application thereof; or

(3) Place the license on an inactive status.

(g) Failure of the RME to complete one of the three actions in subsection (f) within thirty calendar days of the dissociation shall cause the automatic forfeiture of the license without a hearing.

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