§ 106‑65.23. Structural Pest Control Division of Department of Agriculture and ConsumerServices recreated; Director; powers and duties of Commissioner; StructuralPest Control Committee created; appointment; terms; powers and duties; quorum.
(a) There is recreated, within the North Carolina Department ofAgriculture and Consumer Services, a Division to be known as the StructuralPest Control Division. The Commissioner of Agriculture may appoint a Directorof the Division, chosen from a list of nominees submitted to him by theStructural Pest Control Committee created in this section, whose duties andauthority shall be determined by the Commissioner in consultation with theCommittee. The Director shall be responsible for and answerable to theCommissioner of Agriculture and the Structural Pest Control Committee as to theoperation and conduct of the Structural Pest Control Division. The Directorshall act as secretary to the Structural Pest Control Committee.
(b) The Commissioner shall have the following powers and dutiesunder this Article:
(1) To administer and enforce the provisions of this Article andthe rules adopted thereunder by the Structural Pest Control Committee. In orderto carry out these powers and duties, the Commissioner may delegate to theDirector of the Structural Pest Control Division the powers and duties assignedto him under this Article.
(2) To assign the administrative and enforcement duties assignedto him in this Article.
(3) To direct, in consultation with the Structural Pest ControlCommittee, the work of the personnel employed by the Structural Pest ControlCommittee and the work of the personnel of the Department assigned to performthe administrative and enforcement functions of this Article.
(4) To develop, for the Structural Pest Control Committee'sconsideration for adoption, proposed rules, policies, new programs, andrevisions of existing programs under this Article.
(5) To monitor existing enforcement programs and to provideevaluations of these programs to the Structural Pest Control Committee.
(6) To attend all meetings of the Structural Pest ControlCommittee, but without the power to vote unless the Commissioner attends as thedesignee on the Committee from the Department of Agriculture and ConsumerServices.
(7) To keep an accurate and complete record of all meetings ofthe Structural Pest Control Committee and to have legal custody of all books,papers, documents, and other records of the Committee.
(8) To perform such other duties as may be assigned to him bythe Structural Pest Control Committee.
(c) There is hereby created a Structural Pest Control Committeeto be composed of the following members. The Commissioner shall appoint onemember of the Committee who is not in the structural pest control business fora four‑year term. The Commissioner of Agriculture shall designate anemployee of the Department of Agriculture and Consumer Services to serve on theCommittee at the pleasure of the Commissioner. The dean of the School ofAgriculture of North Carolina State University at Raleigh shall appoint onemember of the Committee who shall serve for one term of two years and who shallbe a member of the entomology faculty of the University. The vacancy occurringon the Committee by the expired term of the member from the entomology facultyof the University shall be filled by the dean of the School of Agriculture ofNorth Carolina State University at Raleigh who shall designate any person ofthe dean's choice from the entomology faculty of the University to serve on theCommittee at the pleasure of the dean. The Secretary of Health and HumanServices shall appoint one member of the Committee who shall be anepidemiologist and who shall serve at the pleasure of the Secretary. TheGovernor shall appoint two members of the Committee who are actively engaged inthe pest control industry, who are licensed in at least two phases ofstructural pest control as provided under G.S. 106‑65.25(a), and who areresidents of the State of North Carolina but not affiliates of the same company.
The Governor's initial appointees from the pest control industry shallbe appointed as follows: one for a two‑year term and one for a three‑yearterm. The Governor shall appoint one member of the Committee who is a publicmember and who is unaffiliated with the structural pest control industry, thepesticide industry, the Department of Agriculture and Consumer Services, theDepartment of Health and Human Services and the School of Agriculture at NorthCarolina State University at Raleigh. The initial public member shall beappointed for a term of two years, commencing July 1, 1991. After the initialappointments by the Governor, all ensuing appointments by the Governor shall befor terms of four years. Any vacancy occurring on the Committee by reason of death,resignation, or otherwise shall be filled by the Governor or the Commissionerof Agriculture, as the case may be, for the unexpired term of the member whoseseat is vacant.
One member of the Committee shall be appointed by the General Assemblyupon the recommendation of the Speaker of the House of Representatives inaccordance with G.S. 120‑121, and one member of the Committee shall beappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121. The memberappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be actively engaged in the pest controlindustry, licensed in at least two phases of structural pest control as providedunder G.S. 106‑65.25(a), and a resident of the State of North Carolinabut not an affiliate of the same company as either of the two members from theindustry appointed by the Governor. Appointments made by the General Assemblyshall be for terms of four years. Vacancies in such appointments shall befilled in accordance with G.S. 120‑122.
(d) The Structural Pest Control Committee shall have thefollowing powers and duties:
(1) To adopt rules and make policies as provided in thisArticle.
(2) To issue, deny, suspend, revoke, modify, or restrictlicenses, certified applicator cards, and registered technician cards under theprovisions of this Article. In all matters affecting licensure, the decision ofthe Committee shall constitute the final agency decision.
(3) To report annually to the Board of Agriculture the actiontaken in the Committee's final decisions and the financial status of theStructural Pest Control Division.
(e) Each member of the Committee who is not an employee of theState shall receive as compensation for services per diem and necessary travelexpenses and registration fees in accordance with the provisions as outlinedfor members of occupational licensing boards and currently provided for in G.S.93B‑5. Such per diem and necessary travel expenses and registration feesshall apply to the same effect that G.S. 93B‑5 might hereafter beamended.
Five members of the Committee shall constitute a quorum but no actionat any meeting of the Committee shall be taken without four votes in accord. Thechairman shall be entitled to vote at all times.
The Committee shall meet at such times and such places in NorthCarolina as the chairman shall direct; provided, however, that four members ofthe Committee may call a special meeting of the Committee on five days' noticeto the other members thereof.
Except as otherwise provided herein, all members of the Committee shallbe appointed or designated, as the case may be, prior to and shall commencetheir respective terms on July 1, 1967.
At the first meeting of the Committee they shall elect a chairman whoshall serve as such at the pleasure of the Committee. (1955, c. 1017; 1057, c. 1243, s. 1; 1967, c. 1184, s.1; 1969, c. 541, s. 7; 1973, c. 556, s. 1; 1975, c. 570, ss. 1, 2; 1977, c.231, s. 2; 1987, c. 827, s. 26; 1989, c. 238; c. 727, s. 219(30); 1997‑261,s. 27; 1997‑443, s. 11A.40; 1998‑224, s. 19(a); 1999‑381, s.1; 2000‑175, s. 1.)
§ 106‑65.23. Structural Pest Control Division of Department of Agriculture and ConsumerServices recreated; Director; powers and duties of Commissioner; StructuralPest Control Committee created; appointment; terms; powers and duties; quorum.
(a) There is recreated, within the North Carolina Department ofAgriculture and Consumer Services, a Division to be known as the StructuralPest Control Division. The Commissioner of Agriculture may appoint a Directorof the Division, chosen from a list of nominees submitted to him by theStructural Pest Control Committee created in this section, whose duties andauthority shall be determined by the Commissioner in consultation with theCommittee. The Director shall be responsible for and answerable to theCommissioner of Agriculture and the Structural Pest Control Committee as to theoperation and conduct of the Structural Pest Control Division. The Directorshall act as secretary to the Structural Pest Control Committee.
(b) The Commissioner shall have the following powers and dutiesunder this Article:
(1) To administer and enforce the provisions of this Article andthe rules adopted thereunder by the Structural Pest Control Committee. In orderto carry out these powers and duties, the Commissioner may delegate to theDirector of the Structural Pest Control Division the powers and duties assignedto him under this Article.
(2) To assign the administrative and enforcement duties assignedto him in this Article.
(3) To direct, in consultation with the Structural Pest ControlCommittee, the work of the personnel employed by the Structural Pest ControlCommittee and the work of the personnel of the Department assigned to performthe administrative and enforcement functions of this Article.
(4) To develop, for the Structural Pest Control Committee'sconsideration for adoption, proposed rules, policies, new programs, andrevisions of existing programs under this Article.
(5) To monitor existing enforcement programs and to provideevaluations of these programs to the Structural Pest Control Committee.
(6) To attend all meetings of the Structural Pest ControlCommittee, but without the power to vote unless the Commissioner attends as thedesignee on the Committee from the Department of Agriculture and ConsumerServices.
(7) To keep an accurate and complete record of all meetings ofthe Structural Pest Control Committee and to have legal custody of all books,papers, documents, and other records of the Committee.
(8) To perform such other duties as may be assigned to him bythe Structural Pest Control Committee.
(c) There is hereby created a Structural Pest Control Committeeto be composed of the following members. The Commissioner shall appoint onemember of the Committee who is not in the structural pest control business fora four‑year term. The Commissioner of Agriculture shall designate anemployee of the Department of Agriculture and Consumer Services to serve on theCommittee at the pleasure of the Commissioner. The dean of the School ofAgriculture of North Carolina State University at Raleigh shall appoint onemember of the Committee who shall serve for one term of two years and who shallbe a member of the entomology faculty of the University. The vacancy occurringon the Committee by the expired term of the member from the entomology facultyof the University shall be filled by the dean of the School of Agriculture ofNorth Carolina State University at Raleigh who shall designate any person ofthe dean's choice from the entomology faculty of the University to serve on theCommittee at the pleasure of the dean. The Secretary of Health and HumanServices shall appoint one member of the Committee who shall be anepidemiologist and who shall serve at the pleasure of the Secretary. TheGovernor shall appoint two members of the Committee who are actively engaged inthe pest control industry, who are licensed in at least two phases ofstructural pest control as provided under G.S. 106‑65.25(a), and who areresidents of the State of North Carolina but not affiliates of the same company.
The Governor's initial appointees from the pest control industry shallbe appointed as follows: one for a two‑year term and one for a three‑yearterm. The Governor shall appoint one member of the Committee who is a publicmember and who is unaffiliated with the structural pest control industry, thepesticide industry, the Department of Agriculture and Consumer Services, theDepartment of Health and Human Services and the School of Agriculture at NorthCarolina State University at Raleigh. The initial public member shall beappointed for a term of two years, commencing July 1, 1991. After the initialappointments by the Governor, all ensuing appointments by the Governor shall befor terms of four years. Any vacancy occurring on the Committee by reason of death,resignation, or otherwise shall be filled by the Governor or the Commissionerof Agriculture, as the case may be, for the unexpired term of the member whoseseat is vacant.
One member of the Committee shall be appointed by the General Assemblyupon the recommendation of the Speaker of the House of Representatives inaccordance with G.S. 120‑121, and one member of the Committee shall beappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121. The memberappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be actively engaged in the pest controlindustry, licensed in at least two phases of structural pest control as providedunder G.S. 106‑65.25(a), and a resident of the State of North Carolinabut not an affiliate of the same company as either of the two members from theindustry appointed by the Governor. Appointments made by the General Assemblyshall be for terms of four years. Vacancies in such appointments shall befilled in accordance with G.S. 120‑122.
(d) The Structural Pest Control Committee shall have thefollowing powers and duties:
(1) To adopt rules and make policies as provided in thisArticle.
(2) To issue, deny, suspend, revoke, modify, or restrictlicenses, certified applicator cards, and registered technician cards under theprovisions of this Article. In all matters affecting licensure, the decision ofthe Committee shall constitute the final agency decision.
(3) To report annually to the Board of Agriculture the actiontaken in the Committee's final decisions and the financial status of theStructural Pest Control Division.
(e) Each member of the Committee who is not an employee of theState shall receive as compensation for services per diem and necessary travelexpenses and registration fees in accordance with the provisions as outlinedfor members of occupational licensing boards and currently provided for in G.S.93B‑5. Such per diem and necessary travel expenses and registration feesshall apply to the same effect that G.S. 93B‑5 might hereafter beamended.
Five members of the Committee shall constitute a quorum but no actionat any meeting of the Committee shall be taken without four votes in accord. Thechairman shall be entitled to vote at all times.
The Committee shall meet at such times and such places in NorthCarolina as the chairman shall direct; provided, however, that four members ofthe Committee may call a special meeting of the Committee on five days' noticeto the other members thereof.
Except as otherwise provided herein, all members of the Committee shallbe appointed or designated, as the case may be, prior to and shall commencetheir respective terms on July 1, 1967.
At the first meeting of the Committee they shall elect a chairman whoshall serve as such at the pleasure of the Committee. (1955, c. 1017; 1057, c. 1243, s. 1; 1967, c. 1184, s.1; 1969, c. 541, s. 7; 1973, c. 556, s. 1; 1975, c. 570, ss. 1, 2; 1977, c.231, s. 2; 1987, c. 827, s. 26; 1989, c. 238; c. 727, s. 219(30); 1997‑261,s. 27; 1997‑443, s. 11A.40; 1998‑224, s. 19(a); 1999‑381, s.1; 2000‑175, s. 1.)
§ 106‑65.23. Structural Pest Control Division of Department of Agriculture and ConsumerServices recreated; Director; powers and duties of Commissioner; StructuralPest Control Committee created; appointment; terms; powers and duties; quorum.
(a) There is recreated, within the North Carolina Department ofAgriculture and Consumer Services, a Division to be known as the StructuralPest Control Division. The Commissioner of Agriculture may appoint a Directorof the Division, chosen from a list of nominees submitted to him by theStructural Pest Control Committee created in this section, whose duties andauthority shall be determined by the Commissioner in consultation with theCommittee. The Director shall be responsible for and answerable to theCommissioner of Agriculture and the Structural Pest Control Committee as to theoperation and conduct of the Structural Pest Control Division. The Directorshall act as secretary to the Structural Pest Control Committee.
(b) The Commissioner shall have the following powers and dutiesunder this Article:
(1) To administer and enforce the provisions of this Article andthe rules adopted thereunder by the Structural Pest Control Committee. In orderto carry out these powers and duties, the Commissioner may delegate to theDirector of the Structural Pest Control Division the powers and duties assignedto him under this Article.
(2) To assign the administrative and enforcement duties assignedto him in this Article.
(3) To direct, in consultation with the Structural Pest ControlCommittee, the work of the personnel employed by the Structural Pest ControlCommittee and the work of the personnel of the Department assigned to performthe administrative and enforcement functions of this Article.
(4) To develop, for the Structural Pest Control Committee'sconsideration for adoption, proposed rules, policies, new programs, andrevisions of existing programs under this Article.
(5) To monitor existing enforcement programs and to provideevaluations of these programs to the Structural Pest Control Committee.
(6) To attend all meetings of the Structural Pest ControlCommittee, but without the power to vote unless the Commissioner attends as thedesignee on the Committee from the Department of Agriculture and ConsumerServices.
(7) To keep an accurate and complete record of all meetings ofthe Structural Pest Control Committee and to have legal custody of all books,papers, documents, and other records of the Committee.
(8) To perform such other duties as may be assigned to him bythe Structural Pest Control Committee.
(c) There is hereby created a Structural Pest Control Committeeto be composed of the following members. The Commissioner shall appoint onemember of the Committee who is not in the structural pest control business fora four‑year term. The Commissioner of Agriculture shall designate anemployee of the Department of Agriculture and Consumer Services to serve on theCommittee at the pleasure of the Commissioner. The dean of the School ofAgriculture of North Carolina State University at Raleigh shall appoint onemember of the Committee who shall serve for one term of two years and who shallbe a member of the entomology faculty of the University. The vacancy occurringon the Committee by the expired term of the member from the entomology facultyof the University shall be filled by the dean of the School of Agriculture ofNorth Carolina State University at Raleigh who shall designate any person ofthe dean's choice from the entomology faculty of the University to serve on theCommittee at the pleasure of the dean. The Secretary of Health and HumanServices shall appoint one member of the Committee who shall be anepidemiologist and who shall serve at the pleasure of the Secretary. TheGovernor shall appoint two members of the Committee who are actively engaged inthe pest control industry, who are licensed in at least two phases ofstructural pest control as provided under G.S. 106‑65.25(a), and who areresidents of the State of North Carolina but not affiliates of the same company.
The Governor's initial appointees from the pest control industry shallbe appointed as follows: one for a two‑year term and one for a three‑yearterm. The Governor shall appoint one member of the Committee who is a publicmember and who is unaffiliated with the structural pest control industry, thepesticide industry, the Department of Agriculture and Consumer Services, theDepartment of Health and Human Services and the School of Agriculture at NorthCarolina State University at Raleigh. The initial public member shall beappointed for a term of two years, commencing July 1, 1991. After the initialappointments by the Governor, all ensuing appointments by the Governor shall befor terms of four years. Any vacancy occurring on the Committee by reason of death,resignation, or otherwise shall be filled by the Governor or the Commissionerof Agriculture, as the case may be, for the unexpired term of the member whoseseat is vacant.
One member of the Committee shall be appointed by the General Assemblyupon the recommendation of the Speaker of the House of Representatives inaccordance with G.S. 120‑121, and one member of the Committee shall beappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121. The memberappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be actively engaged in the pest controlindustry, licensed in at least two phases of structural pest control as providedunder G.S. 106‑65.25(a), and a resident of the State of North Carolinabut not an affiliate of the same company as either of the two members from theindustry appointed by the Governor. Appointments made by the General Assemblyshall be for terms of four years. Vacancies in such appointments shall befilled in accordance with G.S. 120‑122.
(d) The Structural Pest Control Committee shall have thefollowing powers and duties:
(1) To adopt rules and make policies as provided in thisArticle.
(2) To issue, deny, suspend, revoke, modify, or restrictlicenses, certified applicator cards, and registered technician cards under theprovisions of this Article. In all matters affecting licensure, the decision ofthe Committee shall constitute the final agency decision.
(3) To report annually to the Board of Agriculture the actiontaken in the Committee's final decisions and the financial status of theStructural Pest Control Division.
(e) Each member of the Committee who is not an employee of theState shall receive as compensation for services per diem and necessary travelexpenses and registration fees in accordance with the provisions as outlinedfor members of occupational licensing boards and currently provided for in G.S.93B‑5. Such per diem and necessary travel expenses and registration feesshall apply to the same effect that G.S. 93B‑5 might hereafter beamended.
Five members of the Committee shall constitute a quorum but no actionat any meeting of the Committee shall be taken without four votes in accord. Thechairman shall be entitled to vote at all times.
The Committee shall meet at such times and such places in NorthCarolina as the chairman shall direct; provided, however, that four members ofthe Committee may call a special meeting of the Committee on five days' noticeto the other members thereof.
Except as otherwise provided herein, all members of the Committee shallbe appointed or designated, as the case may be, prior to and shall commencetheir respective terms on July 1, 1967.
At the first meeting of the Committee they shall elect a chairman whoshall serve as such at the pleasure of the Committee. (1955, c. 1017; 1057, c. 1243, s. 1; 1967, c. 1184, s.1; 1969, c. 541, s. 7; 1973, c. 556, s. 1; 1975, c. 570, ss. 1, 2; 1977, c.231, s. 2; 1987, c. 827, s. 26; 1989, c. 238; c. 727, s. 219(30); 1997‑261,s. 27; 1997‑443, s. 11A.40; 1998‑224, s. 19(a); 1999‑381, s.1; 2000‑175, s. 1.)
