North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1100 - INSPECTION FEES › Section 34 .1103 - RE-INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a primary
				deviation, as defined by the committee, is found by the Division, the licensee
				or certified applicator responsible for said deviation shall be notified, in
				writing, as specified in Rule .1102(b) of this Section of the deviation. At the
				end of 30 days from the date of notification a reinspection shall be made by
				the Division to determine if the deviation has been corrected. The licensee or
				certified applicator responsible for the deviation shall be charged a fee of
				twenty-five dollars ($25.00) for the reinspection. The disclosure of a primary
				deviation by the Division requires a reinspection and correction of the primary
				deviation before the date of reinspection does not relieve the licensee or
				certified applicator of the responsibility to pay the reinspection fee as
				heretofore set forth. If the primary deviation is not corrected on the first
				reinspection date, the licensee or certified applicator shall be notified, in
				writing, and a second reinspection shall be made at the end of 30 days from the
				date of notification. A fee of fifty dollars ($50.00) shall be charged the
				licensee or certified applicator for the second reinspection. If the primary
				deviation is not corrected on the second reinspection date, the licensee or
				certified applicator shall be notified, in writing, and a third reinspection
				shall be made at the end of 30 days from the date of notification. A fee of one
				hundred dollars ($100.00) shall be charged the licensee or certified applicator
				for the third reinspection. This reinspection procedure shall be repeated at
				30-day intervals thereafter until all primary deviations have been corrected. A
				fee of one hundred dollars ($100.00) shall be charged the licensee or certified
				applicator for each reinspection made after the date of the third reinspection.
				If more than one primary deviation is found on a job at any time by the
				Division or committee, the licensee or certified applicator shall be charged
				only one reinspection fee for each reinspection of the job. All such
				reinspection fees, as set forth herein, shall be paid within 30 days of written
				notice from the Division or the committee. Failure of the licensee or certified
				applicator to pay all such fees, within the time specified herein, is a ground
				for disciplinary action by the committee.
(b) If a secondary deviation, as defined by
				the committee, is found by the Division, the licensee or certified applicator
				responsible for said deviation shall be notified, in writing, as specified in
				Rule .1102(b) of this Section, of the deviation. At the end of 30 days from the
				date of notification, a reinspection shall be made by the Division to determine
				if the deviation has been corrected. If all secondary deviations are not
				corrected on the first reinspection date, the deviations shall become primary
				deviations and handled thereafter as specified in Paragraph (a) of this
				Rule.
(c) If the validity of the
				results of tests, conducted by the committee or its authorized representatives,
				on soil samples taken from jobs treated by the licensee or certified applicator
				are questioned by the licensee or certified applicator, analyses of the soil
				samples shall be made by a chemist agreeable to the licensee or certified
				applicator and the committee. The chemists' analyses shall be accepted as the
				basis for disposition of the case. The cost of the analyses by the chemist
				shall be borne by the certified applicator or licensee if the results of the
				analyses verify the committee's prior analyses or, by the committee if the
				results do not verify the committee's prior analyses.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  February 1, 2011; January 1, 1991; January 1, 1989; August 1, 1980;
Paragraphs (d) and (e) were recodified to Rule .1102(c) and (d) effective
				  February 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.