Texas Agricultural Extension Service

The Texas A&M University System

TEXAS STRUCTURAL PEST CONTROL BOARD LAW AND REGULATIONS

Section Contents

Page

1. Citation of Act 1

2. Definitions 1

3. Board; members; chairman; bylaws; expenses; executive director; application of Sunset Act 3

3A. Board Members and Employees; Qualifications 5

3B. Grounds for Removal of Board Member; Validity of Board Action;

Notification 5

3C. Career Ladder Program; Annual Performance Evaluations; Equal Employment

Opportunity Policy Statement 6

4. Licensing Standards; Rules and Regulations; Examinations; Complaints;

Contracts of Licensee; Public Information Program 7

4A. Technician Training Program Advisory Committee; Training Program

Contents; Publication of Materials; Approval of Programs 8

4B. Certified Noncommercial Applicators; Licensure; Scope of Employment 9

4C. Inspection of License; Misapplication of Pesticides 10

4D. Records of Injuries and Damages from Misapplications; Dissemination of

Information 11

4E. Pretreatment Inspection Service; Fees; Liability 11

4F. Public Information Advisory Committee; Public Information Program;

Standard Complaint Form; Information Sheet Contents 12

4G. Pest Control Information Sheets for Indoor Treatments; Notice of

Treatment 13

4H. Pest Control Sheets for Outdoor Treatments 15

4I. Integrated Pest Management Techniques; Consultation with Expert 15

4J. Integrated Pest Management School Programs for School Districts 15

5. Prohibited Acts; Work on Own or Employer's Premises 16

6. Application Forms; List of Study Materials and Seminars; Expiration and

Renewal of Licenses; Nontransferability; Arrest and Conviction Records 16

7. Fees; New Developments; Proof of Study17

7A. Security Insurance 18

7B. Records by Licensee 18

8. Disposition of Fees; Report; Audit 19

9. License Suspension, Revocation and Refusal; Appeal 19

9A. Settlement of Contested Cases; Informal Negotiations 20

10. Civil Penalties and Injunctive Relief 20

10A. Criminal Offenses 21

10B. Administrative Penalty 21

11. Exemptions 23

11A. Board as Sole Licensing Authority 24

11B. Continuation Under Federal Law 24

11C. Local Regulations of Pesticide sale or use 24

Regulations, Table of Contents 26

Chart - Qualifications and Requirements for Licensing Technician-Apprentice

and Technician 68

Chart - Qualifications and Requirements for

Licensing Noncommercial Technician-Apprentice 69

Chart - Consumer Information Sheet and Posting Notice 70

Sample Form - Pest Control Use Records 71

TEXAS STRUCTURAL PEST CONTROL ACT

ARTICLE 135B-6

Section 1. CITATION OF ACT

This Act may be cited as the Texas Structural Pest Control Act.

Section 2. DEFINITIONS

(a) For the purposes of this Act a person shall be deemed to be engaged in the business of structural pest control if the person engages in, offers to engage in, advertises for, solicits, or performs any of the following services for compensation, including services performed as a part of the person's employment:

(1) identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations of:

(A) arthropods (insects, spiders, mites, ticks, and related pests), wood-infesting organisms, rodents, weeds, nuisance birds, and any other obnoxious or undesirable animals which may infest households, railroad cars, ships, docks, trucks, airplanes, or other structures, or the contents thereof, or

(B) pests or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building, or street;

(2) making inspection reports, recommendations, estimates, or bids, whether oral or written, with respect to such infestations; or

(3) making contracts, or submitting bids for, or performing services designed to prevent, control, or eliminate such infestations by the use of insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances or mechanical devices.

(b) As used in this Act:

(1) "Person" means an individual, firm, partnership, corporation, association, or other organization, or any combination thereof, or any type of business entity.

(2) "Restricted-use pesticide" means a pesticide classified for restricted or limited use by the administrator of the federal Environmental Protection Agency.

(3) "State-limited-use pesticide" means a pesticide classified for restricted or limited use by the state commissioner of agriculture.

(4) "Certified commercial applicator" means an individual who has been licensed and determined by the board to be competent to use or supervise the use of any restricted-use and state-limited-use pesticide covered by his currently valid certified commercial applicator license.

(5) "Direct supervision" means that, in the application of a pesticide, the application is made by an individual acting under the instructions and control of a certified commercial applicator responsible for the actions of that individual and available if and when needed for consultation or assistance although the certified commercial applicator need not be physically present at the time and place of the pesticide application.

(6) "Branch office" means any place of business other than the primary office that has at least one (1) employee during normal business hours who is capable of answering customers' normal questions, scheduling normal inspections or work, or performing structural pest control functions; provided, however, that a facility serving solely as a telephone answering service shall not be a branch office.

(7) "Structural Pest Control Business License" means that license issued to a person entitling that person and his employees to engage in the business of structural pest control under the direct supervision of a certified commercial applicator.

(8) "Device" means an instrument or contrivance, except a firearm, that is designed for trapping, destroying, repelling, or mitigating the effects of a pest or another form of plant or animal life, other than human beings or bacteria, viruses, or other microorganisms that live on or in human beings or animals. The term does not include any equipment used for the application of pesticides if the equipment is sold separately from a device as defined in this subdivision.

(9) "Endorsement of License" means an individual who establishes residence in Texas and who has been determined by the board to meet the qualifications of a certified applicator by taking the appropriate examination in a state other than Texas.

(10) "Technician" means an individual employed by a business licensee to engage in supervised pesticide applications, maintain or utilize structural pest control devices, make sales presentations, or identify pest infestation or damage or an individual who works under the direct supervision of a certified noncommercial applicator and engages in supervised pesticide applications, maintains or utilizes structural pest control devices, or identifies pest infestation or damage. The term does not include an individual whose duties are solely clerical or are otherwise completely disassociated with pest control.

(11) "Certified noncommercial applicator" means an individual licensed by the board as provided by Section 4B of this Act.

(12) "Certified applicator" means either a certified commercial applicator or a certified noncommercial applicator.

(13) "Day-care center" has the meaning assigned that term by Section 42.002, Human Resources Code.

(14) "Hospital" has the meaning assigned that term by Section 241.003, Health and Safety Code.

(15) "Nursing home" means an institution as that term is defined by Section 242.002 (6)(A), Health and Safety Code.

(16) "School or educational institution" means a:

(A) public primary or secondary school; or

(B) primary or secondary private or parochial school recognized as accredited by the State Board of Education under Section 11.26, Education Code.

(17) "Parent company" means an individual, partnership, corporation, or other business entity holding one or more structural pest control business licenses.

(18) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

Section 3. BOARD; MEMBERS; CHAIRMAN; BYLAWS; EXPENSES; EXECUTIVE DIRECTOR; APPLICATION OF SUNSET ACT

(a) The Texas Structural Pest Control Board is composed of nine members, six of whom shall be appointed. Three of the appointed members must be persons who have been engaged in the business of structural pest control for at least five years immediately preceding the appointment, none of whom may be representatives of the same business entity. Three members must be representatives of the general public who are not licensed under this Act. These appointments to the board shall be made by the Governor with the advice and consent of the Senate. Appointed members of the board hold office for staggered terms of six years, with the terms of one business and one public member expiring February 1 of each odd-numbered year. Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees. In addition to the appointed members, the board shall also consist of the Commissioner of Agriculture, the Commissioner of Health, and the chairman of the Department of Entomology at Texas A & M University, or their designated representatives.

(b) The board shall adopt bylaws governing the conduct of the board's affairs.

(c) Members serve without compensation but are entitled to reimbursement for actual expenses incurred in carrying on the work of the board.

(d) The board shall appoint an executive director who shall administer the provisions of this Act and the rules and regulations promulgated by the board. The executive director shall receive a salary as determined by the board which shall be paid from funds available to the board.

(e) The Texas Structural Pest Control Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this Act expires September 1, 2003.

(f) A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in the field of pest control;

(2) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

<extra (f)>

(f) A member of the board or an employee of the board who carries out the functions of the board may not:

(1) be an executive officer, employee, or paid consultant of a trade association in the Structural Pest Control Industry;

(2) be related within the second degree by affinity or within the third degree by consanguinity, as determined under Article 5996h, Revised Statues, to a person who is an officer, employee, or paid consultant of a trade association in the structural pest control industry; or

(3) communicate directly or indirectly with a party or the party's representative to a proceeding pending before the board unless notice and an opportunity to participate are given to all parties to the proceeding, if the member or employee is assigned to make a decision, a finding of fact, or a conclusion of law in the proceeding.

<end extra (f)>

(g) A member of the board except those members who are duly licensed structural pest control operators, may not have personally, nor be related to persons within the second degree by affinity or third degree by consanguinity, as determined under Article 5996h, Revised Statutes, who have, except as consumers, financial interests in structural pest control businesses as officers, directors, partners, owners, employees, attorneys, or paid consultants of the structural pest control business or otherwise.

(h) The board is subject to the open meetings law, Chapter 271, Acts of the 60th Legislature, Regular Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil Statutes), and the Administrative Procedure and Texas Register Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes).

(i) The Governor shall designate one member of the board as chairman of the board to serve in that capacity at the pleasure of the Governor.

(j) The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board.

(k) The board shall provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this Act and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

(l) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

(m) The board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability can be provided reasonable access to the board's programs.

(n) The executive director shall employ a legal counsel who shall report to the executive director and be responsible for the enforcement of the rules adopted under this Act.

Section 3A. BOARD MEMBERS AND EMPLOYEES; QUALIFICATIONS

(a) An officer, employee, or paid consultant of a Texas trade association in the field of pest control may not be a member of the board or an employee of the board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(b) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of pest control may not be a board member and may not be a board employee who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(c) A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

(d) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its member and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Section 3B. GROUNDS FOR REMOVAL OF BOARD MEMBER; VALIDITY OF BOARD ACTION; NOTIFICATION

(a) It is a ground for removal for the board if a member:

(1) does not have at the time of appointment the qualifications required by Sections 3(a) and (f) of this Act:

(2) does not maintain during service on the board the qualifications required by Sections 3(a) and (f) of this Act;

(3) violates a prohibition established by Section 3A of this Act;

(4) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless that absence is excused by majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the chairman of the board of the ground. The chairman shall then notify the governor that a potential ground for removal exists.

Section 3C. CAREER LADDER PROGRAM; ANNUAL PERFORMANCE EVALUATIONS; EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program shall require intra-agency postings of all nonentry level positions concurrently with any public posting.

(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for board employees must be based on the system established under this subsection.

(c) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, handicap, sex, religion, age, or national origin. The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel;

(2) a comprehensive analysis of the board work force that meets federal and state guidelines;

(3) procedures by which a determination can be made of significant underuse in the board work force of all persons for whom federal or state guidelines encourage a more equitable balance; and

(4) reasonable methods to appropriately address those areas of significant underuse.

(d) A policy statement prepared under Subsection (c) of this section must cover an annual period, be updated at least annually, and be filed with the governor's office.

(e) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (d) of this section. The report may be made separately or as a part of other biennial reports made to the legislature.

Section 4. LICENSING STANDARDS; RULES AND REGULATIONS; EXAMINATIONS; COMPLAINTS; CONTRACTS OF LICENSEE; PUBLIC INFORMATION PROGRAM

(a) The board shall develop standards and criteria for licensing individuals engaged in the business of structural pest control. The board may require individuals to pass an examination demonstrating their competence in the field in order to qualify for a Certified Applicator's License. Not later than the 30th day after the date on which a licensing examination is administered under this Act, the board shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the board shall notify examinees of the results of the examination not later than the 14th day after the date on which the board receives the results from the testing service. If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after examination date, the board shall notify the examinee of the reason for the delay before the 90th day. If requested in writing by a person who fails a licensing examination administered under this Act, the board shall furnish the person with an analysis of the person's performance on the examination.

(b) The board shall develop standards and criteria for issuing Structural Pest Control Business Licenses to persons engaged in the business of structural pest control. Persons engaged in the business of structural pest control must possess a Structural Pest Control Business License for each place of said business, including each branch office. Each structural pest control business licensee shall have in his employment at all times a certified commercial applicator.

(c) The board shall develop standards and criteria for issuing technician licenses. The board may designate different classes or categories for technicians, and shall require that an applicant for a technician license complete a training program developed or approved by the board and pass a test developed and administered by the board or a person designated by the board. A person who is licensed as a technician before September 1, 1991, is not required to take the test but must complete the training program before September 1, 1996, in order to remain licensed. The board shall develop and produce training materials for the training program in the manner provided by Section 4A of this Act.

(d) The board shall promulgate rules and regulations governing the methods and practices of structural pest control when it determines that the public's health and welfare necessitates such regulations in order to prevent adverse effects on human life and the environment. The rules and regulations relating to the use of economic poisons shall comply with applicable standards of the federal government and the state commissioner of agriculture governing the use of such substances.

(e) The board may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state.

(f) The board may not promulgate rules restricting competitive bidding or advertising by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person. The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the person's personal appearance or use of the person's voice in advertisement;

(3) relates to the size or duration of an advertisement by the person; or

(4) restricts the person's advertisement under a trade name.

(g) If a written complaint is filed with the board that the board has the authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation. The board shall keep an information file about each complaint filed with the board that the board has authority to resolve.

(h) In each written contract in which a licensee under this Act agrees to perform structural pest control services in this state, the licensee shall include the mailing address and telephone number of the board and a statement that the board has jurisdiction over individuals licensed under this Act.

(i) The board may request and, if necessary, compel by subpoena the attendance of witnesses for examination under oath and the production for inspection and copying of books, accounts, records, papers, correspondence, documents, and other evidence relevant to the investigation of alleged violations of this Act. If a person fails to comply with a subpoena issued under this subsection, the board acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held. The court, if it determines that good cause exists for the issuance of the subpoena, shall order compliance with the requirements of the subpoena. Failure to obey the order of the court may be punished by the court as contempt.

(i) The board may enter into a memorandum of agreement with another political subdivision, not to include institutions of public or private education, concerning licensure requirements.

Section 4A. TECHNICIAN TRAINING PROGRAM ADVISORY COMMITTEE; TRAINING PROGRAM CONTENTS; PUBLICATION OF MATERIALS; APPROVAL OF PROGRAMS

(a) The board shall develop a training program for licensed technicians and for applicants to become licensed technicians in the manner provided by this section.

(b) The board shall develop the educational and training materials for the training program with the Texas Agricultural Extension Service or any other institution of higher education.

(c) A Technician Training Program Advisory Committee may be created by the board to assist the board in developing the training program required by this section.

(d) A member of an advisory committee created under this Act is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the committee.

(e) The training program shall include instruction in:

(1) recognition of pests and pest damage;

(2) pesticide labels and label comprehension;

(3) pesticide safety;

(4) environmental protection;

(5) procedures for the immediate reporting of spills and misapplications;

(6) application equipment and techniques;

(7) pesticide formulations and actions;

(8) emergency procedures and pesticide cleanup;

(9) state and federal law relating to structural pest control;

(10) basic principles of mathematics, chemistry, toxicology and entomology;

(11) nonchemical pest control techniques, including biological, mechanical, and prevention techniques; and

(12) any other topic that the board considers necessary.

(f) The board shall publish and distribute, in conjunction with the Texas Agricultural Extension Service, the materials developed as a part of the training program.

(g) The board may approve a training program that has not been developed by the board as provided by this section if the program meets the standards adopted by the board for the program. Completion of a training program approved by the board under this subsection satisfies that part of Section 4(c) of this Act that requires completion of a training program. This subsection does not affect that part of Section 4(c) of this Act that requires that an applicant pass a test developed and administered by the board.

Section 4B. CERTIFIED NONCOMMERCIAL APPLICATORS; LICENSURE; SCOPE OF EMPLOYMENT

(a) In this section:

(1) "Apartment building" means a building that contains two or more dwelling units that are rented primarily for nontransient permanent dwelling purposes, with rental paid by intervals of one week or longer.

(2) "Incidental Use Situation" means a pesticide application on an occasional, isolated, site-specific basis that is incidental to the performance of a primary duty by an employee that is not pest control and involves the use of general use pesticides after instruction as provided by rules adopted by the board. Incidental use situations include treating wasps in an area adjacent to a utility meter, treating fire ants in a transformer box, or the treating of ants by a janitor or clerical employee in a break area.

(b) An individual must be licensed as a certified noncommercial applicator or technician if the individual is not licensed as a certified commercial applicator and the individual:

(1) is an employee of the state or a political subdivision of the state and engages in the business of structural pest control other than applying a general use pesticide in an incidental use situation; or

(2) is an employee of a person who owns, operates, or maintains a building, the individual engages in the business of structural pest control, and the building is an apartment building; day-care center; hospital; nursing home; hotel; motel; lodge; warehouse; food-processing establishment, other than a restaurant, retail food, or food service establishment; school or educational institution.

(c) An individual licensed as a certified noncommercial applicator or technician may not engage in the business of structural pest control outside the scope of the employment for which the individual has been licensed as a certified noncommercial applicator or technician unless the individual becomes licensed as otherwise provided by this Act.

(d) An owner of a building that is an apartment building; day-care center; hospital; nursing home; hotel; motel; lodge; warehouse; food-processing establishment, other than a restaurant, retail food, or food service establishment; school or educational institution, may obtain pest control services from a person only by:

(1) contracting with a business that has a structural pest control business license; or

(2) requiring an employee of the owner, who is licensed as a certified noncommercial applicator or technician, to perform the services.

(e) The board shall develop standards and criteria for licensing an individual as a certified noncommercial applicator as provided by this section.

(f) An individual licensed as a certified noncommercial applicator or technician may engage in the business of structural pest control as provided by this section without association with a business that has been issued a structural pest control business license. The board may adopt insurance requirements for certified noncommercial applicators or technicians.

Section 4C. INSPECTION OF LICENSEES; MISAPPLICATION OF PESTICIDES

(a) The board shall adopt by rule a policy that:

(1) requires a business issued a structural pest control business license to be inspected by a field inspector at least once every two years;

(2) provides for initiating inspections more frequently than once every two years for a business or an applicator that has shown noncompliance with this Act or a rule adopted under this Act; and

(3) provides that the executive director may waive the inspection requirement on a case-by-case basis if an emergency arises or commodate complaint investigation schedules.

(b) The board shall adopt by rule a policy and guidelines for the conduct of an investigation, including;

(1) procedures used in investigating complaints concerning misuse of pesticides, including procedures used for residue sampling and concerning contamination by pesticides and human exposure to pesticides;

(2) the circumstances in which a case should be referred to the:

(A) Department of Agriculture;

(B) Texas Department of Health;

(C) Texas Water Commission; or

(D) United States Environmental Protection Agency.

(3) recommendations to consumers and applicators regarding cleanup after a spill or misapplication; and

(4) the circumstances in which to take a residue sample and the time in which the sample should be collected.

(c) If an investigation determines that a misapplication of pesticides has occurred on the premises of a consumer, the board shall immediately notify the consumer and applicator of the misapplication.

Section 4D. RECORDS OF INJURIES AND DAMAGES FROM MISAPPLICATIONS; DISSEMINATION OF INFORMATION

(a) On a finding of misapplication, the board shall keep records of health injuries and property damages resulting from a misapplication caused by anyone engaged in the business of structural pest control reported to it by a:

(1) certified applicator;

(2) physician;

(3) person holding a structural pest control business license;

(4) technician;

(5) consumer; or

(6) state agency.

(b) The board may make available to the Texas Department of Health under the occupational disease reporting program established under Chapter 84, Health and Safety Code, any information it receives concerning an exposure to a pesticide caused by a licensee that results in a medically verifiable illness. The board and the Texas Department of Health shall adopt joint rules to govern such a program. These rules shall require the board to make the information available to an institution of higher education that conducts research in urban entomology, epidemiology, or other areas related to structural pest control.

Section 4E. PRETREATMENT INSPECTION SERVICE; FEES; LIABILITY

(a) The board may provide a pretreatment inspection service to consumers as provided by this section.

(b) On the request of a consumer, the board may make available an inspector who is an employee of the board to inspect the premises of the consumer only if the consumer has already obtained, from at least two pest control companies:

(1) a determination that there is an infestation of pests on the premises; and

(2) an estimate of the cost of the treatment.

(c) The inspection is limited to a determination of whether there is an infestation of pests on the premises inspected.

(d) The board shall charge a fee for the inspection in an amount sufficient to pay for the cost of providing the service.

(e) The board is not liable for any damages that may arise as a result of an inspection made under this section that is subsequently found incorrect.

Section 4F. PUBLIC INFORMATION ADVISORY COMMITTEE; PUBLIC INFORMATION PROGRAM; STANDARD COMPLAINT FORM; INFORMATION SHEET CONTENTS

(a) The board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies.

(b) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification :

(1) on each registration form, application or written contract for services of an individual or entity regulated under this Act;

(2) on a sign prominently displayed in the place of business of each individual or entity regulated under this Act; or

(3) in a bill for service provided by an individual or entity regulated under this Act.

(c) The board shall establish a public information program as provided by this section and Section 4G of this Act for the purpose of informing the public about the practice and regulation of structural pest control in this state.

(d) To assist the board in the development of a public information program, a Public Information Program Advisory Committee may be created.

(e) The board shall make available to the general public and other appropriate state agencies the information compiled as part of the program.

(f) The program shall include the formation and distribution, in a manner that the board considers appropriate, of a standard complaint form.

(g) The program shall inform prospective applicants for licensing under this Act about the qualifications and requirements for licensing.

(h) The board shall develop a clear, factual, and balanced information sheet of one or more pages containing information on:

(1) the pest control industry;

(2) chemicals used in structural pest control;

(3) general health and safety issues relating to structural pest control;

(4) precautions to take before, during, and after application;

(5) steps to take if a misapplication, including an underapplication or an overapplication, is suspected; and

(6) any other matters determined by the board.

(i) The information sheet must include:

(1) the names and telephone numbers of the Structural Pest Control Board, the Department of Agriculture, and the Texas Department of Health;

(2) the telephone number of any pesticide hotline established by a state or federal agency or by a state university;

(3) a statement of a consumer's rights under Chapter 246, Acts of the 63rd Legislature, Regular Session, 1973 (Article 5069-13.01 et seq., Vernon's Texas Civil Statutes), to cancel a home solicitation transaction; and

(4) information concerning the availability of any pretreatment inspection service that may be provided by the board as authorized by Section 4E of this Act.

(j) The board shall develop a sign to be posted in the area of an indoor treatment that contains:

(1) the date of the planned treatment; and

(2) any other information required by the board.

Section 4G. PEST CONTROL INFORMATION SHEETS AND SIGNS FOR INDOOR TREATMENTS; NOTICE OF TREATMENT

(a) In this section:

(1) "Pest control information sheet" means an information sheet developed and approved by the board under Section 4F of this Act.

(2) "Pest control sign" means a sign in the form approved by the board under Section 4F of this Act.

(b) For an indoor treatment at a private residence that is not rental property, the certified applicator or technician shall give the pest control information sheet to the owner of the residence before each treatment begins, or, if the owner is not available at the time treatment begins, leave the sheet in a conspicuous place in the residence.

(c) For an indoor treatment at a residential rental property with less than five rental units, including a single family, duplex, triplex, or fourplex rental property, the certified applicator or technician shall leave the pest control information sheet in the residence at the time of each treatment.

(d) For an indoor treatment at a residential rental property with five or more rental units, the certified applicator or technician shall supply the pest control information sheet to the owner or manager of the complex. The certified applicator or technician shall also supply the owner or manager with a pest control sign. The owner or manager or an employee or agent of the owner or manager, other than the certified applicator or technician, shall notify residents who live in the direct or adjacent area of the treatment by:

(1) posting the sign in an area of common access at least 48 hours before each planned treatment; or

(2) distributing the information sheet at least 48 hours before each planned treatment by leaving the sheet on the front door of each unit or in a conspicuous place inside each unit.

(e) For an indoor treatment at a workplace, the certified applicator or technician shall supply the pest control information sheet and a pest control sign to the employer or the building manager. The employer or the building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, shall notify the individuals who work at the workplace of the date of the planned treatment by:

(1) posting the sign in an area of common access that the individuals are likely to check on a regular basis at least 48 hours before each planned treatment; and

(2) providing the information sheet to any individual working in the building on request of the individual if the request is made during normal business hours.

(f) For an indoor treatment at a building that is a hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution, or day-care center, the certified applicator or technician shall supply the pest control information sheet and a pest control sign to the chief administrator or building manager. The chief administrator or building manager shall notify the individuals who work in the building of the treatment by:

(1) posting the sign in an area of common access that the individuals are likely to check on a regular basis at least 48 hours before each planned treatment; and

(2) providing the information sheet to any individual working in the building on request of the individual.

(g) Personnel at a school or educational institution or a day-care center are required to inform the parents, guardians, or managing conservators of the children attending the school or day-care center, at the time the child is registered, that:

(1) the school, institution, or center periodically applies pesticides indoors; and

(2) information on the application of the pesticides is available at the request of the parents, guardians, or managing conservators.

(h) The board shall develop a policy to implement and enforce this section.

(i) A requirement under this section that notice of a treatment be given at least 48 hours before the treatment may be waived for emergency treatments under rules adopted by the board.

(j) A person may not be considered in violation of this section or a rule adopted by the board under this section for not posting a pest control sign if the sign is posted as required by this section or rule adopted under this section but is removed by an unauthorized person.

(k) For the purposes of this section, a treatment is an indoor treatment even though the treatment may include an outside perimeter treatment of the building if the primary purpose of the treatment is to treat the inside of the building. The board shall define a perimeter treatment in rules and shall adopt the definitions provided in federal law.

(l) The signage, advance notice, and information sheet requirements of this section do not apply to space that is vacant, unused, and unoccupied as a dwelling, workplace, or other use covered by this section.

Section 4H. PEST CONTROL SHEETS FOR OUTDOOR TREATMENTS

(a) In this section "pest control information sheet" means an information sheet developed and approved by the board under Section 4F of this Act.

(b) For an outdoor treatment at a private residence that is not rental property, the certified applicator or technician shall leave the pest control information sheet at the residence before the treatment begins.

(c) For an outdoor treatment at a residential rental property with fewer than five rental units, including a single family, duplex, triplex, or fourplex rental property, the certified applicator or technician shall leave the pest control information sheet at each unit at the time of treatment.

(d) The board may adopt rules to require the distribution of a pest control information sheet for an outdoor treatment other than the outdoor treatments described in Subsections (b) and (c) of this section if the board determines that the distribution or posting, or both, would protect the health, safety, and welfare of the public.

Section 4I. INTEGRATED PEST MANAGEMENT TECHNIQUES; CONSULTATION WITH EXPERT

The board may contract with the Department of Agriculture or an institution of higher education for the services of an expert in integrated pest management, subject to the availability of such an expert, to consult with the board, the staff, licensees, and the general public regarding integrated pest management techniques.

Section 4J. INTEGRATED PEST MANAGEMENT PROGRAMS FOR SCHOOL DISTRICTS

(a) The board shall establish standards for an integrated pest management program for the use of pesticides, herbicides, and other chemical agents to control pests, rodents, insects, and weeds at the school buildings and other facilities of school districts.

(b) Each school district shall, on or before September 1, 1995, adopt an integrated pest management program that incorporates the standards developed by the board.

(c) The board shall use an existing advisory committee or create a new advisory committee to assist the board in developing the standards for the integrated pest management program. In developing the standards, the advisory committee shall consult with a person knowledgeable in the area of integrated pest management in schools.

(d) The board shall include in standards adopted under this section:

(1) a requirement that the least toxic methods available to control pests, rodents, insects, and weeds be used; and

(2) a list of products that a school district is allowed to use in its applications.

(e) The board shall require that a pesticide may be applied to a school building or on grounds only during periods in which students are not expected to be present for normal academic instruction or organized extracurricular activities for at least 12 hours after the application.

Section 5. PROHIBITED ACTS; WORK ON OWN OR EMPLOYER'S PREMISES

(a) No person may engage in the business of structural pest control after the effective date of this Act unless he meets the standards set by the board and possesses a valid Structural Pest Control Business License issued by the board.

(b) An individual without a license may, on his own premises or on premises in which he owns a partnership or joint venture interest, or on the premises other than an apartment building as defined in Section 4B of this Act, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, facility owned by the state or a political subdivision of the state except as provided by Section 4B of this Act, or school or educational institution, of an employer by whom he was hired primarily to perform other services, use insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances or mechanical devices designed to prevent, control, or eliminate pest infestations unless that use is prohibited by state law or rule or by rule of the United States Environmental Protection Agency or unless the substance used is labeled as a restricted-use pesticide or a state-limited-use pesticide.

Section 6. APPLICATIONS FORMS; LIST OF STUDY MATERIALS AND SEMINARS; EXPIRATION AND RENEWAL OF LICENSES; NONTRANSFERABILITY; ARREST AND CONVICTION RECORDS

(a) All applications for licenses shall be made on forms prescribed and provided by the board, and each applicant shall furnish such information as the board may require for its determination of the applicant's qualifications. The board shall make public a list of study materials and educational seminars that are available to help applicants successfully complete any examination administered under this Act.

(b) The board by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, license fees payable on December 31 shall be prorated on a monthly basis so that each licensee shall pay only that portion of the licensee fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable. A person may renew a license by submitting an application to the board and paying the required renewal fees.

(c) A license issued by the board is not transferable.

Section 7. FEES; NEW DEVELOPMENTS; PROOF OF STUDY

(a) An applicant for an initial or renewal Structural Pest Control Endorsement of License or Business License shall accompany his application with a fee of not more than $180 each, as determined by the board, and a fee of not more than $84, as determined by the board, for the license of each technician employed by the applicant. An applicant for an initial or renewal Certified Applicator's License shall accompany his application with a fee of not more than $112.50 each, as determined by the board, and a fee of not more than $84, as determined by the board, for the license of each technician employed by the applicant.

(b) A licensee whose license has been lost or destroyed or whose name has been changed shall be issued a replacement license after application therefor and the payment of a fee set by the board not to exceed $30.

(c) The board may retroactively grant a Structural Pest Control Business License, a Certified Commercial Applicator's License, a Certified Noncommercial Applicator's License, or a technician license to the applicant for a renewal license if such applicant pays a late renewal fee of $37.50 and if his application is filed with the board not more than 30 days after the expiration of his license. If such application is received between 30 and 60 days after the expiration of the applicant's license, the board may retroactively grant the renewal license when said application is accompanied by a renewal fee of $75. An applicant who applies for a renewal license more than 60 days after the expiration of his license must be reexamined by the board to obtain a license.

(d) Each time an applicant applies to take a test for a license, he shall pay the board a testing fee of not more than $50.00, as determined by the board, for each category of test to be taken. Except as provided by board rule, a testing fee is not refundable.

(e) If the board determines that new developments in pest control have occurred that are so significant that their proper knowledge is necessary to protect the public, the board may require proof of study either by attendance of approved training courses or by taking additional examinations on the new developments only. The board may charge a fee not to exceed $75 per course for consideration for approval of any training courses it may require.

(f) The board may charge a fee to a person for the purchase or the borrowing of materials developed for the technician training program under Section 4A of this Act. The board shall set the fee in an amount that will recover the costs of the program.

(g) An employee of the state is not exempt from a fee imposed under this Act.

(h) Notwithstanding Section 76.109(b), Agriculture Code, the board may charge a license fee to an applicant without regard to whether the applicant is an employee of a governmental entity.

Section 7A. SECURITY INSURANCE

(a) The board may not issue or renew a Structural Pest Control Business License until the license applicant:

(1) files with the board a policy or contract of insurance, approved as sufficient by the board, in an amount of not less than $200,000 for bodily injury and property damage coverage, with a minimum total aggregate of $300,000 for all occurrences, insuring him against liability for damages to persons or property occurring as a result of operations performed in the course of the business of structural pest control to premises or any other property under his care, custody, or control; or

(2) files with the board a certificate or other evidence from an insurance company, in the case of an applicant who has an unexpired and uncancelled insurance policy or contract on file with the board, stating that the policy or contract insures the applicant against liability for acts and damage as described in Subdivision (1) of this subsection and that the amount of insurance coverage is in an amount approved as sufficient by the board, but not less than the amount specified by Subdivision (1) of this subsection.

(b) The policy or contract shall be maintained at all times in an amount approved as sufficient by the board, but not less than $200,000 in bodily injury and property damage coverage, with a minimum total aggregate of $300,000 for all occurrences. Failure to renew the policy or contract or maintain it in the required amount is a ground for suspension or revocation of a Structural Pest Control Business License, and is a violation of this section.

(c) The board by rule may require different amounts of insurance coverage for different classifications of operations under this Act.

Section 7B. RECORDS BY LICENSEE

The board may require each licensee to make records, as prescribed by the board, of his use of pesticides. Records required shall be maintained for at least two years on business premises of the licensee and shall be made available for inspection by the board and by its authorized agents during normal business hours. Noncommercial Certified Applicators must maintain required records on the premises of their employer for at least two years. The records shall be made available for inspection by the board and by its authorized agents during the normal operating hours of the employer.

Section 8. DISPOSITION OF FEES; REPORT; AUDIT

(a) The proceeds from the collection of the fees provided in this Act shall be deposited in a special fund in the State Treasury to be known as the Structural Pest Control Fund, and shall be used for the administration and enforcement of the provisions of this Act.

(b) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding fiscal year. The annual report must be in the form and reported in the time provided by the General Appropriations Act.

Section 9. LICENSE SUSPENSION, REVOCATION AND REFUSAL; APPEAL

(a) The board, after notice and a hearing, may refuse to examine an applicant or refuse to issue a license and refuse to issue a business license to a parent company when it finds that the applicant or business licensee under a parent company has substantially failed to comply with the standards and rules and regulations established by the board.

(b) The board may revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a licensee for a violation of this Act or a rule of the board. If a license suspension is probated, the board may require the practitioner:

(1) to report regularly to the board on matters that are the basis of the probation;

(2) to limit practice to the areas prescribed by the board; or to continue or renew professional education until the practitioner attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

(c) If the board proposes to suspend or revoke a person's license, the person is entitled to a hearing before the board or a hearings officer appointed by the board. The board shall prescribe procedures by which all decisions to suspend or revoke are made by or are appealable to the board.

(d) An applicant or licensee may appeal from an order or other action of the board by an action in the district court of Travis County. Notice of appeal must be filed within 30 days of issuance of the order by the board. The hearing in district court shall be governed by the substantial evidence rule.

(e) A revocation of a license under this section is permanent.

(f) A person whose license is revoked may not apply for a new license until one year after the effective date of the revocation. The new license may not be issued without the approval of the board.

(g) If the board revokes the license of a certified applicator in one category, the board may put the applicator on probation for any other category in which the applicator is licensed.

(h) If the board finds that an applicator has misapplied pesticides, the board shall institute an enforcement action against the applicator. The board shall adopt by rule a policy to implement this subsection.

Section 9A. SETTLEMENT OF CONTESTED CASES; INFORMAL NEGOTIATIONS

(a) Any settlement of a contested case under the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) is not valid unless the settlement is approved by the board.

(b) The board shall adopt rules that establish guidelines for the settlement of a contested case under the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(c) The board may authorize its representatives to conduct informal settlement negotiations between the board and a licensee to resolve a complaint, other than a complaint involving a misapplication, by a consumer against the licensee. Any informal settlement arrived at may not require the licensee to refund money to the consumer in an amount greater than the amount provided under the original contract for services by the licensee or require the licensee to perform any services that the licensee had not agreed to perform in the original contract. Any informal settlement arrived at does not release the licensee from any liability for a misapplication. The board shall adopt rules that establish guidelines for the informal settlement of consumer complaints as provided by this subsection.

Section 10. CIVIL PENALTIES AND INJUNCTIVE RELIEF

(a) A person who violates any provision of this chapter or any rule, regulation, permit, or other order of the board is subject to a civil penalty of not less than $50 nor more than $2,000 for each act of violation and for each day of violation to be recovered as provided in this chapter. Whenever it appears that a person has violated or is threatening to violate any provision of this chapter, or any rule, regulation, license, or other order of the board, then the board, or the executive director when authorized by the board, may have a civil suit instituted in a district court for injunctive relief to restrain the person from continuing the violation or threat of violation, or for the assessment and recovery of a civil penalty of not less than $50 nor more than $2,000 for each act of violation and for each day of violation or for both injunctive relief and civil penalty.

(b) Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter or any rule, regulation, license, or other order of the board, the district court shall grant the injunctive relief the facts may warrant.

(c) At the request of the board, or the executive director when authorized by the board, the attorney general shall institute and conduct a suit in the name of the State of Texas for injunctive relief or to recover the civil penalty or for both injunctive relief and penalty, as authorized in Subsection

(a) of this section.

Section 10A. CRIMINAL OFFENSES

(a) A person commits an offense if he:

(1) violates any section of this Act;

(2) violates regulations adopted under Section 4 of this Act; or

(3) intentionally makes a false statement in an application for a license or otherwise fraudulently obtains or attempts to obtain a license.

(b) Each day of violation is a separate offense.

(c) An offense under this section is a Class C misdemeanor unless the person has been convicted previously of an offense under this section, in which event the offense is a Class B misdemeanor.

Section 10B. ADMINISTRATIVE PENALTY

(a) If a person violates this Act or a rule or order adopted by the board, the board may assess an administrative penalty against the person as provided by this section.

(b) The penalty may be in an amount not to exceed $5,000 a day for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessments.

(c) In determining the amount of the penalty, the board shall consider:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public;

(2) the economic damage to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matters that justice may require.

(d) If, after investigation of a possible violation and the facts surrounding that possible violation, the executive director determines that a violation has occurred, the executive director may issue a violation report, stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative penalty under this section be imposed on the person charged and recommending the amount of that proposed penalty. The executive director shall base the recommended amount of the proposed penalty on the seriousness of the violation determined by consideration of the factors set forth in Subsection (c) of this section.

(e) Not later than the 14th day after the date on which the report is issued, the executive director shall give written notice of the report to the person charged. The notice shall include a brief summary of the charges, a statement of the amount of the penalty recommended, and a statement of the right of the person charged to a hearing on the occurrence of the violation or the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(f) Not later than the 20th day after the date on which notice is received, the person charged either may accept the determination of the executive director made under Subsection (d) of this section, including the recommended penalty, or make a written request for a hearing on the determination.

(g) If the person charged with the violation accepts the determination of the executive director, the board shall issue an order approving the determination and ordering the payment of the recommended penalty.

(h) If the person charged requests a hearing or fails to respond to the notice in a timely manner, the board shall set a hearing and give a notice of the hearing. The hearing shall be held by a hearing examiner designated by the board. The hearing examiner shall make findings of fact and conclusions of law and promptly issue to the board a proposal for decision as to the occurrence of the violation, including a recommendation as to the amount of the proposed penalty if a penalty is warranted. Based on the findings of fact, conclusions of law, and recommendations of the hearing examiner, the board by order may find a violation has occurred and may assess a penalty or may find that no violation has occurred. All proceedings under this subsection are subject to the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(i) The board shall give notice of the order to the person charged. The notice shall include:

(1) the findings of fact and conclusions of law separately stated;

(2) the amount of the penalty ordered, if any;

(3) a statement of the right of the person charged to judicial review of the board's order; and

(4) other information required by law.

(j) Not later than the 30th day after the date on which the order becomes final as provided by Section 16(c), Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), the person charged with the penalty shall:

(1) pay the penalty in full; or

(2) if the person files a petition for judicial review contesting either the amount of the penalty or the fact of the violation or contesting both the fact of the violation and the amount of the penalty:

(A) forward the amount to the board for placement in an escrow account; or

(B) in lieu of payment into escrow, post with the board a supersedeas bond in a form approved by the board for the amount of the penalty, the bond to be effective until all judicial review of the order or decision is final.

(k) If a person charged is financially unable to either forward the amount of the penalty for placement in an escrow account or post a supersedeas bond for the amount of the penalty, the person may satisfy the requirements of Subsection (j)(2) of this section by filing with the board an affidavit sworn by the person charged stating that the person is financially unable to either forward the amount of the penalty or post a bond.

(l) Failure to forward the money to, or to post the bond or file the affidavit with, the board within the time provided by Subsection (j) of this section results in a waiver of all legal rights to judicial review. Also, if the person charged fails to pay the penalty in full as provided under Subsection (j)(l) of this section, or forward the money, post the bond, or file the affidavit as provided by Subsection (j) or (k) of this section, the board may forward the matter to the attorney general for enforcement.

(m) Judicial review of the order or decision of the board assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County, as provided by Section 19, Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(n) If the penalty is reduced or not assessed by the court, the board shall remit to the person charged the appropriate amount plus accrued interest if the penalty has been paid or shall execute a release of the bond if a supersedeas bond has been posted. The accrued interest on amounts remitted by the board under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the penalty is paid to the board under Subsection (j) of this section and ending on the date the penalty is remitted.

(o) A penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.

Section 11. EXEMPTIONS

Except for Section 4H(d) of this Act, the provisions of this Act shall not apply to nor shall the following persons be deemed to be engaging in the business of structural pest control:

(1) a person who performs pest control work upon property which he owns, leases, or rents as his dwelling;

(2) a person who performs pest control work on growing plants, trees, shrubs, grass, or other horticultural plants if the person:

(A) holds a Class 1, Class 2, Class 3, or Class 4 registration certificate from the Department of Agriculture under Section 71.043, Agriculture Code; and

(B) holds a certified commercial or noncommercial applicator's license from the Department of Agriculture that covers that pest control work;

(3) a person or his employee who is engaged in the business of agriculture or aerial application or custom application of pesticides to agricultural lands; and

(4) a person who uses pest control chemicals that are for household use and are available for purchase in retail food stores, such as aerosol bombs and spray cans, if the insecticide is used in accordance with the label directions on the insecticide or board rules or guidelines, or as provided by Section 4B of this Act and is:

(A) used by the owner or his employee or agent in space occupied by the building owner in a residential building; or

(B) used in a place that is vacant, unused, and unoccupied;

(5) a person acting as a beekeeper, as defined by Section 131.001, Agriculture Code, who:

(A) is registered with the chief apiary inspector as provided by Chapter 131, Agriculture Code, and the board;

(B) does not use pesticides or electrical devices other than conventional bee smokers or other equipments defined by Section 131.001, Agriculture Code; and

(C) collects, removes, or destroys honey bees not attached to a dwelling or structure occupied by the public.

Section 11A. BOARD AS SOLE LICENSING AUTHORITY

The Texas Structural Pest Control Board is the sole authority in this state for licensing persons engaged in the business of structural pest control.

Section 11B. CONTINUATION UNDER FEDERAL LAW

The Texas Structural Pest Control Act, as amended (Article l35b-6, Vernon's Texas Civil Statutes), is to be continued in effect as approved and required under the United States Environmental Protection Agency Public Law #92-516 (Federal Insecticide, Fungicide, and Rodenticide Act of October 21, 1972, and subsequently amended).

Section 11C. LOCAL REGULATION OF PESTICIDE SALE OR USE

(a) Except as otherwise provided by this section, no city, town, county, or other political subdivision of this state shall adopt any ordinances, rule, or regulations regarding pesticide sale or use.

(b) Nothing in this section shall be construed to limit the authority of a city, town, or county to:

(1) encourage locally approved and provided educational material concerning a pesticide;

(2) zone for the sale or storage of such products;

(3) adopt fire or building regulations as preventative measures to protect the public and emergency services personnel from an accident or emergency involving such products, including regulations governing the storage of such products or governing fumigation and thermal insecticidal fogging operations;

(4) provide or designate sites for the disposal of such products;

(5) route hazardous materials; or

(6) regulate discharge to sanitary sewer systems.

(c) This section shall not prevent a city, town, county, or any political subdivision from complying with any federal or state law or regulation. This section shall not prevent a city, town, county, or any political subdivision from attaining or maintaining compliance with federal or state environmental standards including Texas water quality standards. A city, town, county, or other political subdivision may take any action otherwise prohibited by this subsection in order to comply with any federal requirements, to avoid any federal or state penalties or fines, or to attain or maintain federal or state environmental standards including Texas water quality standards.

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(d) Nothing in this section may be construed to affect Chapter 75, Agriculture Code.

Page 25

TABLE OF CONTENTS

General Provisions

591.1 Origin and Purpose of the Board..................... 28

.2 Rule Making......................................... 28

.3 Suspension of Rules................................. 28

.4 Board Office........................................ 28

.5 Board Meetings...................................... 28

.6 Board Seal.......................................... 29

.7 Board Records....................................... 29

.8 Board Acceptance of Documents....................... 29

.9 Board Hearings...................................... 29

.10 Administrative Penalties............................ 31

.11 Determination of Administrative Penalties........... 32

.12 Settlements......................................... 33

.13 Public Comment...................................... 33

.21 Definitions of Terms................................ 33

.22 Copies and Certificates..............................34

Licenses

593.1 Persons Required to Secure License.................. 34

.2 License Application................................. 35

.3 Insurance Requirement............................... 36

.4 Resident Agent...................................... 36

.5 Examinations........................................ 36

.6 License Expiration and Renewal...................... 39

.7 Fees................................................ 40

.8 Loss of Certified Applicator or Business Owner...... 41

.9 Licensing of Persons with Criminal Backgrounds...... 41

.10 Licensing of Persons with Delinquent Student Loans.. 42

.11 Certified Noncommercial Applicator Restrictions..... 43

.12 Right-of-Way Certification.......................... 43

.13 Vegetation Management Technician.................... 43

.21 Technician-Apprentice License Standards............. 44

.22 Technician License Standards........................ 45

.23 Continuing Education Requirements for Certified

Applicators....................................... 46

.24 Criteria and Evaluation of Continuing Education..... 48

Compliance and Enforcement

595.1 License Display..................................... 50

.2 Employee Registration............................... 51

.3 Employee Supervision................................ 51

.4 Pest Control Use Records............................ 51

.5 Contracts........................................... 52

.6 Pest Control Sign................................... 52

.7 Consumer Information Sheet.......................... 53

.8 Responsibilities of Unlicensed Persons for

Posting and Notification.......................... 56

.10 Inspections......................................... 57

.11 Schools............................................. 57

Page 26

.12 Misapplications..................................... 57

.21 Entry and Access.................................... 57

.22 Investigation of Complaints......................... 58

.23 Investigation Reports............................... 58

Unlawful Acts and Grounds for Revocation

597.1 Grounds for Revocation, Suspension, Penalties,

Reprimanding, Refusal to Examine, Refusal to

Issue or Renew License.............................58

.2 Suspension.......................................... 60

.3 Unlawful Acts....................................... 60

Treatment Standards

599.1 Termite Control..................................... 61

.2 Subterranean Termite Post Construction

Treatments........................................ 61

.3 Subterranean Termite Pre-Construction

Treatments........................................ 62

.4 Consumer Disclosure Statement....................... 62

.5 Inspection Procedures............................... 63

.6 Real Estate Transaction Inspection Reports.......... 65

.7 Posting Notice of Inspection........................ 65

.11 Structural Fumigation Requirements.................. 65

Page 27

TEXAS STRUCTURAL PEST CONTROL BOARD REGULATIONS

CHAPTER 591. GENERAL PROVISIONS

Sec. 591.1 Origin and Purpose of the Board.

The board will carry out the right and duty of the state to protect the health and welfare of its citizens, to protect the environment against the misuse of pesticide, and to promote a more professional standard for the structural pest control industry.

Sec. 591.2 Rule Making.

The board may adopt, repeal, or amend sections under the authority of the Act at anytime; provided, however, that notice of such amendment or new section shall be given in the manner of such amendment or new section shall be given in the manner required by law. When there are proposed changes to regulations, there shall be at least one public member and one ex officio member present at the board meeting when such proposed changes are made.

Sec. 591.3 Suspension of Rules.

The board may suspend or waive any section, in whole or in part, for good cause shown, when the particular facts or circumstances justify.

Sec. 591.4 Board Office.

The office of the board will be located in Austin, Texas.

Sec. 591.5 Board Meetings.

(a) The board shall hold at least four regular meetings each year as authorized by the chairman. A special meeting shall be called when two or more members petition the chairman, in writing, to call such meeting.

(b) All board meetings will be held in Austin, Texas, in the office of the board, unless a change of place is determined by the board.

(c) The executive director shall notify each board member of the date and place of meeting at least seven days prior to the date.

(d) There shall be a majority of board members present at any board meeting in order to have a quorum to transact business. All decisions of the board will be by simple majority of board members present.

(e) The minutes of the board shall be kept in such form and manner as the board may prescribe.

(f) In its deliberations, the Board shall be governed by the current edition of Robert's Rules of Order unless the Board by rule adopts a different procedure.

Sec. 591.6 Board Seal.

The seal of the board shall be a circle with the words "The Texas Structural Pest Control Board" circularly arranged about the inner edge, and in the center of the circle, there shall be a five-pointed star, together with the live oak and olive branches common to other official state seals.

Sec. 591.7 Board Records.

(a) All official records of the board, except files relating to applications for employment, or confidential records of investigations or other sensitive records, shall be public records open to inspection at any reasonable time by any person; but such records shall not be taken from the board office.

(b) Copies of official records may be made and certified by the chairman, vice-chairman, or the executive director, the expense thereof to be borne by the person or party requesting same.

Sec. 591.8 Board Acceptance of Documents.

(a) All instruments, correspondence, and materials delivered to the board will be stamped or marked "Received" and the date thereof clearly indicated. On any application or petition requiring board action for acceptance or filing, a preliminary examination will be conducted by the staff to determine if the application or petition is in proper form and accompanied by the necessary fee.

(b) Any instrument requiring board action will not be formally accepted for filing until it is received in proper form accompanied by those fees and data required by law and applicable board rules. Instruments, applications, and petitions which do not conform with these requirements shall be returned for necessary amendments and revision. Upon express written approval of the applicant, any employee of the board may make minor administrative changes in any documents submitted to the board by the applicant. If the filing fees are insufficient, the instrument may be held pending receipt of the necessary fee.

Sec. 591.9 Board Hearings.

(a) The board may order a public hearing on any pending matter where the public interest would be best served thereby.

(b) The hearings of the board on any matter shall, unless otherwise ordered, be held in Austin, Texas.

(c) Notice for meetings and hearings will be in accord with the Administrative Procedure and Texas Register Act.

(d) In the event anyone should desire to protest or oppose any matter pending before the board, a written protest shall be filed with the board on or before the date and time of hearing. Protests should be filed at least five days before the hearing date in order to receive adequate consideration, and comply in a substantial manner with the following requirements:

(1) Each protest shall show the name and address of the protestant;

(2) There shall be an allegation of injury to protestant which could result from the proposed action on the matter to be considered by the board;

(3) There shall be an allegation of interference with some present right of protestant's claim of right. A protest may be dismissed as insufficient if it fails to comply in a substantial manner with the board's requirements.

(e) Hearings will be conducted in such manner as the board deems most suitable to the particular case. The technical rules of legal and court procedure need not be applied to the extent that the procedure used does not conflict with the Administrative Procedure and Texas Register Act. It is the purpose of this board to obtain all the relevant information and testimony pertaining to the issue before it as conveniently, in-expensively, and expeditiously as possible without prejudicing the rights of the protestant.

(f) Applications, motions, exceptions, communications, requests, briefs, or other papers or documents required or permitted to be filed under these rules or by law must be received at the board's office in Austin, Texas, within the time limit, if any, for such filing.

(g) Any person whose interest is affected in a proceeding may appear at such proceeding. At the discretion of the board, anyone not such a party may also appear. An appearance may be made individually, by an attorney, or by authorized agents.

(h) Except for unusual and extenuating circumstances, the protestant, his attorney, or his duly authorized agent shall be present at the public hearing. Failure to so appear will be grounds for withholding consideration of the protest.

(i) Evidence will be admitted pursuant to the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.

(j) The testimony shall be confined to the subject matter contained in the application or pleadings. In the event a party at a hearing shall pursue a line of interrogation of a witness which is clearly irrelevant, incompetent, or immaterial, such interrogation will be terminated.

(k) The board reserves the right to limit the number of witnesses appearing at any proceeding where it appears that their testimony may be merely cumulative or repetitious of evidence previously received.

(l) Any matter of official record in the board files may be incorporated by reference by the board or interested parties to the proceeding provided that:

(1) it is identified sufficiently to put all parties on notice;

(2) it is material and relevant; and

(3) no party at interest is deprived of the right of cross-examination.

(m) Official records may be entered in evidence; provided, however, that the board may waive all requirements for certification when it appears there is no valid reason to doubt the authenticity of the document presented.

(n) When documents are numerous, the board may elect to receive in evidence only those which are typical and representative; and it may require the abstracting of the relevant data from the documents and the presentation of the abstracts in the form of an exhibit; provided, however, that before making such requirements, the board shall see that all interested persons are given the right to examine the documents from which such abstracts are made.

(o) In the event an exhibit has been identified, objected to, and excluded, the presiding board member shall determine whether or not the party offering the exhibit withdraws the offer. If withdrawn, the exhibit will be returned. If the excluded exhibit is not withdrawn, it shall be identified and included in the record for the purpose of preserving the objection to the exclusion.

(p) Unless specifically directed by the board, no exhibit will be permitted to be filed as part of the proceeding in any matter pending before the board after the conclusion of the public hearing held thereon. The board may hold the record open for the purpose of receiving additional written evidence.

(q) Oral arguments may be allowed by the board upon request, but a reasonable time limit shall be fixed.

(r) Prior to the closing of the hearing, the board may allow the presentation of briefs at a later date. The order and time for filing briefs shall be determined by the board following consultation with counsel.

(s) The procedure for appeal from any ruling, order, decision, or act of the board is controlled by the provisions of the Structural Pest Control Act, Sec. 9(d), and the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.

(t) All testimony given at any public hearing shall be recorded by some person appointed by the board. In those instances where any proper party at such hearing requests it, the testimony will be reduced to writing. Copies of any hearing thus transcribed may be obtained from the Structural Pest Control Board and paid for at the rate set by state law.

Sec. 591.10 Administrative Penalties.

(a) The executive director shall be responsible, after investigation by the agency staff, for determining whether a violation of the Structural Pest Control Act (the Act) or a rule or order adopted by the board has occurred which allows the assessment of an administrative penalty. If after such investigation and determination it is found a violation has occurred, the executive director may issue a violation report as described in the Act, Sec. 10B.

(b) The executive director shall base the recommended amount of the proposed penalty on the factors provided by the Act, Sec. 10B(c).

(c) Within the time limits stated and the manner described in Sec. 10B, the executive director shall give written notice of the report to the person charged.

(d) If the person charged with the violation accepts the determination of the executive director, the executive director shall issue an order approving the determination and ordering payment of the recommended penalty.

(e) If the person charged requests a hearing or fails to respond in a timely manner, the executive director shall set a hearing to be conducted in the manner described in the Act, Sec. 10B. The findings of fact, conclusions of law and proposal for decision of such hearing shall be issued to the Structural Pest Control Board for its consideration.

Sec. 591.11 Determination of Administrative Penalties.

(a) Base penalty (BP) amounts will be established that consider the seriousness of the violation. Examples of possible violations of the Structural Pest Control Act and a possible base penalty for each violation and each day a violation exists are as follows. The violations are not limited to the list and the base penalty may vary depending upon the circumstances.

(1) Minor violations such as incomplete records or no TPCL numbers on vehicles may be assessed a penalty of $50 to $500 per violation.

(2) Violations which do not present a hazard to the public health, safety, welfare or to the environment such as failure to honor contract or failure to notify the board of an address where a licensee may be reached may be assessed a penalty of $250 to $2,000 per violation.

(3) Violations which present a minor hazard to the public health, safety, welfare, or to the environment that may result from actions such as failure to supervise employees or failure to maintain proper insurance coverage may be assessed a penalty of $300 to $3,000 per violation.

(4) Violations which present a major hazard to the public health, safety, welfare, or to the environment that may result from actions such as use inconsistent with the label or intentional misrepresentation may be assessed a penalty of $500 to $5,000 per violation.

(5) The cost the hearing will be added to the administrative penalty when the respondent has affirmatively requested a hearing and fails to appear at the specified time and date of the hearing. This provision does not apply if continuance is granted or the hearing is re-scheduled for any other reason.

(b) Adjustment will be determined in the reduction or addition to the BP as appropriate in four categories.

(1) History of previous violations. Consideration will be given to such items as length of time since violation has occurred and inconsistency of compliance history.

(2) Amount necessary to deter future violations. Consideration will be given to such items as documents provided, licenses surrendered, and cooperative nature of persons charged.

(3) Efforts to correct the violation. Consideration will be given to such items as completeness of corrective effort and cooperation to accomplish correction.

(4) Other matters that justice may require. Consideration will be given to such items as ability to pay, and events beyond the control of the violator which caused the violation or affected the effort to correct the violation.

Sec. 591.12 Settlements.

(a) It is board policy to encourage resolution of complaints against structural pest control licensees. This provision provides procedures for the settlement of complaints.

(b) At the request of the licensee or the executive director, the executive director may designate a time and place for a settlement conference of a complaint investigated by the board. A licensee shall be notified in writing of the time and place of the settlement conference and the alleged violations. Licensees or their representatives attending the conference shall be empowered to act on behalf of the licensee and bind the licensee to any settlement.

(c) Settlements reached under this provision must be approved by the board before they become effective.

(d) Settlements may include any combination of sanctions available to the Board. They may also include requiring extra training and education and refunds not exceeding the original contracted amounts or services not different from the original contracted services.

(e) Informal settlements may be proposed by state investigators when authorized by the Executive Director. The settlements must follow the guidelines set out in this section, except that a state investigator shall not settle a complaint involving a misapplication. State investigators shall propose retreatments and/or refunds only as terms of their informal settlements. The retreatments and/or refunds shall not exceed the amounts or be different from the treatments agreed upon in the original contract for services.

Sec. 591.13 Public Comment.

On written request received not later than three days prior to a scheduled board meeting, a person shall be permitted to appear before the board during the public comment period regarding any issue under the jurisdiction of the Board.

Sec. 591.21 Definitions of Terms.

In addition to the definitions set out in the Structural Pest Control Act, Sec. 2, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise.

Act - The Texas Structural Pest Control Act, Texas Civil Statutes, Article 135b-6, as amended.

Applicant - Any person making application for a license or credentials from the board.

Board - The Structural Pest Control Board.

Category - The type of service or services a person or business entity is authorized to perform.

Chairman - An individual appointed by the Governor, who presides at the board meetings.

Contract - A binding agreement between two or more persons or parties that spells out in writing the terms and conditions of such agreement, and will include, but not be limited to, warranties or guarantees for pest control work.

Executive Director - The person employed by the board who administers the provisions of this Act and the rules and regulations promulgated by the board.

Investigator - A structural pest control investigator employed by the board.

License - A document issued by the board to a person authorizing the practicing and/or supervising of the professional service or services indicated thereon.

Licensee - The holder of a valid license.

Personal Contact - Physical presence at a work location.

Revoke - To cancel a license issued under authority of the Structural Pest Control Act. When a business license is revoked, the holder of said license must acquire a new license by completing a new application and paying the required fee. In the case of the certified applicator, the holder of such certified applicator's license must acquire a new license by completing a new application, paying the required fee, and being re-examined in each category desired by said person.

Suspend - To cease operations for a period of time as specified by the board.

Technician-Apprentice - A person in training to become a technician who has completed classroom and on-the-job training but has not yet passed the technician examinations. A technician-apprentice license is a temporary license good for only twelve months in any eighteen month period.

Vice-Chairman - An individual appointed board member elected by the board, who presides at the board meeting in the absence of the chairman.

Sec. 591.22 Copies and Certificates.

Copies of official records may be made and certified by the chairman, vice-chairman, or the executive director, the expense thereof to be borne by the person or party requesting same.

CHAPTER 593. LICENSES

Sec. 593.1 Persons Required to Secure License.

(a) Business license. Any person engaged in the structural pest control business must secure a business license from the board for each business location, including branch offices, in accordance with the Structural Pest Control Act and the regulations. Each business license holder shall designate a responsible certified commercial applicator who is not also serving as a certified commercial applicator for any other business licensee or any other business license location. No person shall advertise in any manner to render services or solicit business within the meaning of the Act without first obtaining a business license and having an applicator certified in each license category in which business is conducted.

(b) Certified Commercial Applicator. The person responsible to provide training and direct supervision for pest inspections, identifications, and control measures of a licensed business must be a certified commercial applicator. A person shall be a certified commercial applicator for only one business license location.

(c) Certified Noncommercial Applicator. The person who as an employee is responsible for providing pest control services to a governmental entity, apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school or educational institution. The person performing the actual inspection and/or application must be a licensed certified noncommercial applicator.

(d) Technician. Individuals who perform pest control services under the direct supervision of a certified applicator must obtain a technician license by meeting the standards prescribed by the board in Sec. 593.21 of this title (relating to Technician License Standards). A technician must be licensed for every business or noncommercial entity for which he is employed.

(e) Technician-apprentice - individuals who perform pest control services under the direct supervision of a certified commercial applicator must obtain a technician-apprentice license prior to obtaining a technician license.

Sec. 593.2 License Application.

(a) The application for a business license, a certified applicator license, technician license, and technician-apprentice license shall be submitted on a regular form furnished by the board.

(b) The application for an endorsement of license will be the same as used for regular business license or regular certified applicators license, and such applications shall be furnished by the board. In order to qualify for an endorsement of license, the test or tests taken in a state other than Texas must meet Texas standards. If the test or tests does not meet Texas standards, then the director is authorized to prepare an exam for said person. The exam or exams will be given as directed by the board.

(c) An application for a license must contain an address where the licensee may be located. The address of an answering service or post office box will not meet the requirements of this section.

Sec. 593.3 Insurance Requirement.

(a) Each business license applicant and certified noncommercial applicator license applicant must submit with the application an insurance policy or certificate of coverage in the amount of not less than $200,000 for bodily injury and property damage coverage with a minimum total annual aggregate of $300,000 for all occurrences insuring him against liability for damage to persons or property occurring as a result of operations performed in the course of the business of structural pest control to premises or any other property under his care, custody, or control. No new business license or certified noncommercial applicator license will be issued until insurance requirements are met. Policies shall contain a cancellation provision whereby notification of cancellation is received by the board not less than 30 days prior to cancellation. Certified noncommercial applicators employed by governmental entities are exempt from this provision. Certified applicators who are not actively engaged in the business of structural pest control and do not perform structural pest control work as a part of the duties of their employment are exempt from this provision.

(b) If payment of claims results in reducing the total aggregate of coverage below $300,000, the insurance carrier shall notify the board and the licensee within 30 days. The licensee shall obtain additional coverage to meet the minimum requirements.

(c) The board will consider as sufficient only those policies issued by insurers authorized by or registered with the State Board of Insurance.

Sec. 593.4 Resident Agent.

(a) Licensed applicators who reside outside the state shall designate in writing a resident agent for service of process in actions taken in the administration and enforcement of the Structural Pest Control Act.

(b) Each resident agent shall be a citizen of the state and maintain a permanent address within the state.

(c) Instead of designating a resident agent, the applicant may designate the secretary of state as the recipient of service of process for the applicant.

Sec. 593.5 Examinations.

(a) Except as provided in Sec. 593.6(d) of this title (relating to License Expiration and Renewal), an individual who has previously qualified by written exam in a category shall receive a certified applicators license for the qualified category without reexamination. Each individual not previously qualified by written examination in the category or categories for which a license is requested must secure a certified applicators license by passing an exam administered by the board.

(b) In order to qualify to take the Structural Pest Control Board test for obtaining a certified commercial applicators license, the applicant must have verifiable employment in the pest control industry under the supervision of a licensed certified commercial applicator for at least 12 months out of the past 24 months and must have possessed a technician license for at least 6 months.

(1) The proof of previous employment or experience in the industry or technical field experience of at least 12 months out of the past 24 months from a previous occupation shall be furnished by the applicant in the form of a notarized statement.

(2) The following persons with less than 12 months verified employment and who have not been licensed as a technician for six months may apply to the board for permission to take the test:

(A) an applicant with a degree in the biological sciences from an accredited college or university;

(B) an applicant with technical field experience from a previous occupation; and

(C) an applicant who qualifies under the hardship clause outlined in these regulations.

(c) The testing procedure will be as follows:

(1) Examinations will be given at the discretion of the board at least once each quarter based on the calendar year.

(2) A fee of $30 shall be charged for each examination administered by the board.

(3) All examination fees are payable by personal check or money order and payment should be submitted with the completed application.

(4) All examinations shall be maintained and administered by the board. Complete examinations shall be retained by the director for a period of two years.

(5) The applicant shall take an examination which shall be in written form and, in general, cover the subject of the services designated in the application, except those covered by endorsement of license.

(6) A grade of 70% will be the minimum grade required for passing.

(7) The applicant must be able to read and write the English language.

(8) All examinations will be given in Austin, Texas, unless otherwise designated by the board and the applicants so notified.

(9) An applicant who gives or receives unauthorized assistance during an examination shall be dismissed from the examination and his results shall be voided.

(10) Applicants who do not make a passing grade on an exam will not be allowed to retake the same category exam until the second exam date after failure.

(11) Applicants who do not take a scheduled exam may not receive a refund of their exam fee unless they notify the board 10 days in advance of the test date. Exceptions may be granted if there is an emergency such as a death or serious illnesses in the family.

(12) Persons who make a passing grade and qualify for a certified applicators license must obtain a license within 12 months of the exam date or be retested.

(13) Categories in which examinations are to be given for which licenses will be issued are as follows.

(A) Termite control - Inspection and/or control of termites and other wood-destroying organisms. This category includes persons engaged in the inspection and/or control of termites, beetles, or other wood destroying organisms by means other than fumigation in buildings, including homes, warehouses, stores, docks, or any other structures.

(B) Pest control - Inspection and/or control of pests in and around homes, businesses, and industries. This category shall include persons engaged in the inspection and/or control of insect pests or pest animals which may invade homes, restaurants, stores, and other buildings, attacking their contents or furnishings or being a general nuisance, but do not normally attack the building itself, as for example, roaches, silverfish, ants, flies, mosquitoes, rats, mice, etc.

(C) Lawn and ornamental - Inspection and/or control of pests of ornamental plants, shade trees, and lawns. This category includes persons engaged in the inspection and/or control of pests or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building, or street.

(D) Structural fumigation - This category includes persons engaged in pest inspection and/or control through fumigation of structures not primarily intended to contain food, feed or grains.

(E) Commodity fumigation - This category includes persons engaged in pest inspection and/or control through fumigation of commodities and/or structures normally used to contain them. Persons in this category may be licensed by the Texas Department of Agriculture.

(F) Weed Control - This category includes persons engaged in the inspection and/or control of weeds around homes and industrial environs.

(G) Wood Preservation - That phase of pest control that involves the addition of preservatives to wood to extend the life of wood products by protecting them from damage caused by insects, fungi, and marine borers. Such wood products will include, but not be limited to, crossties, poles, and posts. This category is intended only for use by those persons using wood preservatives that may be classified as restricted use.

(14) Each applicant must take and pass the general standards exam administered by the board to be eligible to be licensed in any of the categories under paragraph (13) of this subsection.

(d) In order to qualify to take the Structural Pest Control Board test for obtaining a certified noncommercial applicators license as provided by Section 593.5(c), the applicant must:

(1) be an applicant with a degree in the biological sciences from an accredited college or university;

(2) be an applicant with a notarized statement showing technical field experience of at least 12 months out of the past 24 months from a previous occupation;

(3) complete a board-approved certified noncommercial applicator training course; or

(4) be a licensed noncommercial technician for at least six (6) months and have been employed with duties including pest control services under the supervision of a licensed certified noncommercial applicator for at least twelve months out of the last twenty-four (24) months.

Sec. 593.6 License Expiration and Renewal.

(a) Each (all) license(s) issued after August 31, 1988, shall expire in 12 months from the date issued or the date that the business liability insurance expires, whichever comes first. The insurance expiration date will be determined by the date on the certificate provided to the board by the business licensee, and any policy amendments or cancellation notices issued after the effective date.

(b) Businesses and certified noncommercial applicators that change insurance coverage during a licensed period may have the license expiration extended to the new policy date, if there has not been a lapse in coverage, by paying prorated license fees for each license to the new expiration date. Certified applicators and technicians who change employers may also pay prorated license fees to the new expiration date of the business or other entity under which they are operating. The minimum prorated license fee is $5.00 for each license.

(c) Businesses and cert