32-2325. Unlawful acts

A person shall not:

1. Engage in the business of pest management without holding a business license issued pursuant to this chapter.

2. Engage in the business of pest management in any category without a qualifying party licensed in that category.

3. Operate a branch office without employing a licensed applicator or qualifying party under whose direct supervision pesticide applications are made out of that office.

4. Apply pesticides in any category other than the control of wood-destroying insects unless the person is an applicator or qualifying party licensed in that category pursuant to this chapter or applies the pesticides under the direct supervision of an applicator or qualifying party licensed in that category pursuant to this chapter.

5. Apply pesticides for the management of wood-destroying insects unless both of the following apply:

(a) The person is an applicator or qualifying party licensed in that category pursuant to this chapter or the person applies the pesticides under the immediate supervision of a licensed applicator.

(b) The person has received at least five hours of instruction from the office or the former structural pest control commission or an in-house education program of a business licensee on the subject of management of wood-destroying insects that is appropriate for the specific type of application performed. An examination on the instruction is not required. A business licensee shall keep a record of completion of the training and shall make it available on the acting director's request.

6. Make recommendations regarding pest management unless the person is a licensed applicator or qualifying party.

7. Deny to an authorized inspector the right to be present on a jobsite in connection with a contemporaneous pest management treatment for the purpose of taking samples, including pesticide samples and soil samples.

32-2325. Unlawful acts

A person shall not:

1. Engage in the business of pest management without holding a business license issued pursuant to this chapter.

2. Engage in the business of pest management in any category without a qualifying party licensed in that category.

3. Operate a branch office without employing a licensed applicator or qualifying party under whose direct supervision pesticide applications are made out of that office.

4. Apply pesticides in any category other than the control of wood-destroying insects unless the person is an applicator or qualifying party licensed in that category pursuant to this chapter or applies the pesticides under the direct supervision of an applicator or qualifying party licensed in that category pursuant to this chapter.

5. Apply pesticides for the management of wood-destroying insects unless both of the following apply:

(a) The person is an applicator or qualifying party licensed in that category pursuant to this chapter or the person applies the pesticides under the immediate supervision of a licensed applicator.

(b) The person has received at least five hours of instruction from the office or the former structural pest control commission or an in-house education program of a business licensee on the subject of management of wood-destroying insects that is appropriate for the specific type of application performed. An examination on the instruction is not required. A business licensee shall keep a record of completion of the training and shall make it available on the acting director's request.

6. Make recommendations regarding pest management unless the person is a licensed applicator or qualifying party.

7. Deny to an authorized inspector the right to be present on a jobsite in connection with a contemporaneous pest management treatment for the purpose of taking samples, including pesticide samples and soil samples.