GA Code § 43-45-8 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 45 - Persons Engaged in Structural Pest Control|§ 43-45-8. General Powers and Duties of Commission

 The commission is authorized and required to:    Make such reasonable rules and regulations as may be necessary to protect the interest, health, and safety of the public and to ensure the efficiency of licensees, operators, and registered employees to carry out this chapter. Such rules and regulations shall not be effective until a public hearing shall have been granted and notification of such a hearing has been made to all licensees and certified operators;   Provide for an appropriate and written examination for applicants and any other appropriate means of examination for applicants. The frequency of such examination shall be at the discretion of the commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The examination fee shall be in an amount established by the commission for each applicant who makes application to take the examination to become a certified household pest control operator, wood-destroying organism control operator, or fumigator. An examination may be taken for the payment of one fee; and, in case the applicant shall not be certified, he or she shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee in an amount established by the commission. In case certification is again denied, the applicant must wait a full year before reapplication is made. Thereafter, one full year must elapse before subsequent application may be made;   Make an annual report to the Governor of the activities, expenditures, receipts, and other matters pertinent to the operation of the commission, a copy of which shall be filed by the Commissioner and the commission;   Issue licenses to each place of business of each business entity qualifying under this chapter.Such licenses shall be renewable biennially and the license fee shall be in an amount established by the commission.In addition to the license fee per se, the commission is authorized to establish a research fee on each license in an amount sufficient to provide a minimum of $30,000.00 per year and up to $50,000.00 per year for the purpose of supporting the work of a research position in urban pest control at the University of Georgia.As a source of information for considering the amount of the research fee to be established, the commission shall be furnished within 30 days of the end of each fiscal year by the chairman of the Division of Entomology at the University of Georgia with a statement of the total costs associated with the research position for the preceding year and a description of the urban research projects to be conducted over the following two fiscal years.The commission shall advise the chairman of the Entomology Division at the University of Georgia on the projects proposed to be conducted; however, the final selection of projects shall be the sole responsibility of the chairman of the entomology division.Information provided to the commission on costs associated with the position shall be for advisory purposes only and the commission shall be solely responsible for establishment and collection of the research fee within the limits established above and for transferring such fees to the University of Georgia.If the University of Georgia discontinues such research position at any time, the commission shall discontinue its collection of the research fee and any unexpended funds held by the commission shall be transferred to the state treasury;   Issue certificates, certifying the qualification of operators, to those persons qualifying under this chapter. The certification fee shall be in an amount established by the commission; such certification shall be renewable biennially unless revoked or canceled for cause, subject to reeducation or such other requirements as the commission may impose by regulation to ensure that certified operators continue to meet the needs of changing technology and to assure a continuing level of competence and ability to operate safely and properly;   Issue certificates of registration to employees under this chapter. The secretary shall collect for such registration a fee in an amount established by the commission for each such registration. The commission is authorized to require a fee in an amount established by the commission for each change, cancellation, renewal, or issuance of a duplicate registration card;   Adopt a seal and alter the same at the pleasure of the commission;   Hold hearings, subpoena witnesses, and compel the production of documents and papers as shall be necessary in the performance of the duties of the commission;   Enter into reciprocal agreements with comparable agencies of other states that have requirements substantially equivalent to this state, whereby persons licensed or certified by such other states may be issued a license or certified by the commission without an examination, provided that such other states issue licenses or certifications without examination to persons licensed or certified by the commission; and   Aid and assist the Commissioner in the enforcement of this chapter in an advisory capacity as to matters pertaining to the enforcement of this chapter.    (Ga. L. 1955, p. 564, § 6; Ga. L. 1957, p. 299, § 4; Ga. L. 1960, p. 813, § 4; Ga. L. 1966, p. 171, §§ 2, 3; Ga. L. 1976, p. 308, §§ 3-5; Ga. L. 1977, p. 701, §§ 6-8; Ga. L. 1983, p. 739, § 4; Ga. L. 1984, p. 22, § 43; Ga. L. 1991, p. 1423, § 1; Ga. L. 1996, p. 1072, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2021, a semicolon was substituted for a period at the end of paragraph (4).   Administrative Rules and Regulations.   - Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Structural Pest Control Commission, Chapter 620-1 et seq.   JUDICIAL DECISIONS   Rules constituted binding administrative law and were part of contract.    - Rules promulgated pursuant to the general power vested in the commission under O.C.G.A. § 43-45-8 constituted a body of binding administrative law pertaining to all fumigation and were part and parcel of any fumigation contract entered into between an exterminating company and the homeowner. Walter v. Orkin Exterminating Co., 192 Ga. App. 621, 385 S.E.2d 725 (1989).   RESEARCH REFERENCES   ALR.   - Tort liability of governmental unit for injury or damage resulting from insecticide and vermin eradication operations, 25 A.L.R.2d 1057.