Current through Register Vol. 50, No. 9, September 20, 2024
A. The commission may place a
licensee/registered employee on probationary status or suspend/revoke a
license/registration certificate by holding an adjudicatory proceeding noticed
and conducted in accordance with the requirements of the Administrative
Procedure Act and the Structural Pest Control Law.
B. Whenever the commission has reason to
believe that a licensee/registered employee has violated any provision of the
Act or these rules and regulations, the commission shall notify the
licensee/registered employee, by certified mail, at least 30 days prior to the
scheduled hearing date.
C. In
addition to providing all information required by the Administrative Procedure
Act, the notice required in
§125. B shall state that
failure to appear at the scheduled hearing may result in the suspension or
revocation of the license/registration certificate.
D. The commission may place a
licensee/registered employee on probationary status or suspend/revoke his
license/registration certificate when any of the following violations are
sustained in a properly noticed adjudicatory proceeding:
1. misrepresentation for the purpose of
defrauding;
2. deceiving or
defrauding;
3. knowingly making
false statements;
4. failure by a
licensee to provide true and correct information to the commission;
5. failure to comply with any of the
requirements of the Act or these rules and regulations;
6. failure to pay required fees;
7. intentional misrepresentation in an
application for license and/or employee registration;
8. conviction in any court of law violations
of the Act or of any felony;
9.
knowingly permitting any person under the supervision of the offender to
violate any provisions of the Act or these rules and regulations;
10. failure to enter into a written contract
with the property owner employing the pest control operator for termite
work;
11. failure to comply with
the minimum specifications for termite control work set forth in
§141;
12. failure to follow the
label and labeling requirement in the application of any pesticide not
specifically covered in §141;
13.
failure to maintain required insurance coverages and fidelity or surety bonds
in full force and effect;
14.
failure to fulfill the terms of any written guarantees or agreements entered
into;
15. failure to attend an
approved training program for commercial applicator certification during any
three-year period and failure to maintain current status as a commercial
applicator;
16. knowingly making
any false or misleading statement in a wood-destroying report;
17. gross negligence in conducting an
inspection or failing to make an inspection prior to issuance of a
wood-infestation report; or
18.
conviction of a violation or assessment of a civil penalty under FIFRA or
Louisiana Pesticide Law;
19.
failure of a registered technician to attend an approved training program
during any one-year period;
20.
failure to maintain proper signage on vehicles or;
21. failure to keep records on all pesticide
applications as required by
§117 I;
22. operating faulty or unsafe
equipment;
23. operating in a
faulty, careless, or negligent manner;
24. the intentional misrepresentation is the
misrepresentation or suppression of a substantial fact with the intent either
to obtain an unjust advantage for any person or to cause a loss or
inconvenience to any person. Intentional misrepresentation may occur through
words or actions, or by silence or inaction. The following acts are
illustrative of intentional misrepresentation:
a. failure of a registered technician to
report structural pest control work performed by him or to remit any fees for
structural pest control work collected by him, to his employer within 10
calendar days after performing the work or collecting the fee.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3366 and
3:3672.
