La. Admin. Code tit. 7 § XXV-127

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXV-127 - Adjudicatory Proceedings of the Commission; Violations

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.

La. Admin. Code tit. 7, § XXV-127

Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:328 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:957 (November 1989), LR 23:854 (July 1997), LR 37:284 (January 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366 and 3:3672.