Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 37 - PEST CONTROL SERVICES (§§ 17-37-101 — 17-37-221) › Subchapter 2 - LICENSING (§§ 17-37-201 — 17-37-221) › Section 17-37-221 - Contracts, reports, and records

(a)
Every licensed operator shall enter into a written contract with the property owner when employed to control or eradicate termites or other structural pests, or in such other classifications as the State Plant Board may specify in its rules made under authority of this chapter. The contract for termite and other structural pests shall guarantee the performance of the work for at least one (1) year and that the property meets the minimum standards established by the board in its rules for the work, unless these standards are waived or altered upon approval of the board.
(b)
A copy of the contract or "start-work agreement" and a complete outline of the work to be performed shall be given to the property owner before any work is started.
(c)
(1)
(A)
By the fifteenth of each month, every licensed operator shall file a report with the board covering termite and other structural pest work performed the previous calendar month.
(B)
The report required under subdivision (c)(1)(A) of this section shall include:
(i)
A summary listing of each contract issued for the prevention, control, or eradication of termites or other structural pests;
(ii)
Letters of clearance issued and service contracts issued regardless of whether chemical treatments were carried out;
(iii)
The name and address of the property owner;
(iv)
The address of the property; and
(v)
Any other information deemed necessary by the board and stipulated in the rules adopted under this chapter.
(C)
Within forty-eight (48) normal business hours, the licensed operator shall produce documents requested by an authorized agent of the board, including without limitation contracts and related documents.
(D)
Failure to meet timelines set in this section may result in additional penalties.
(2)
(A)
Reporting and payment of inspection fees may also be required for household pest and rodent control work or other classifications as the board may specify if deemed necessary or if required by the Federal Insecticide, Fungicide, and Rodenticide Act.
(B)
(i)
All fees due the board shall be filed with the board by the fifteenth day of each month to cover work performed the previous calendar month.
(ii)
If payment of fees due is delayed more than thirty (30) days, then the fees due shall be doubled.
(3)
A report shall be filed each month even if no work is performed.
(d)
(1)
Each licensed operator, qualified operator, or license holder in any classification shall keep a complete record of all work performed, including copies of all contracts issued.
(2)
The records shall be available for examination by the board or its representatives after reasonable notice and during normal business hours.
(3)
The records shall be kept for at least two (2) years and shall contain information on kinds, amounts, uses, dates, and addresses of applications of restricted-use pesticides.
(e)
(1)
All licensed operators, qualified operators, or license holders shall stencil or paint on both sides of all motor equipment that requires a state vehicle license the name of the operator or company with letters at least two inches (2") high.
(2)
Vehicles used only for sales or soliciting are excepted.
Amended by Act 2021, No. 934,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1436, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1435, eff. 7/24/2019.
Acts 1975, No. 488, § 6; A.S.A. 1947, § 77-1806.