Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-127 - Adjudicatory Proceedings of the Commission; Violations

Current through Register Vol. 50, No. 6, June 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.