32-2304

32-2304. Powers and duties

A. The acting director is responsible for administering this chapter and shall:

1. Adopt rules that are necessary or proper for the administration of this chapter,
including administrative provisions, education requirements, health and safety provisions
and provisions for the use, storage and application of pesticides and devices used in
structural pest control.

2. Administer and enforce this chapter and rules adopted pursuant to this chapter.

3. Notify the business licensee, applicator and qualifying party in writing of any
complaint against the business licensee, qualifying party or employee of the business
licensee by the close of business on the tenth business day after the day on which the
acting director initiated the complaint.

4. Issue subpoenas for the taking of depositions, the production of documents and
things and the entry on land for inspection and measuring, surveying, photographing,
testing or sampling the property or any designated object or operation on the property
relevant to the complaint.

5. Conduct or contract to conduct applicator license and qualifying party license
tests at locations throughout this state. If the acting director contracts for these
tests, the contracts may provide for specific examination fees or a reasonable range of
fees determined by the acting director to be paid directly to the contractor by the
applicant. The acting director shall make all efforts to contract with private parties to
electronically administer the applicator and qualifying party license tests.

6. Maintain a computer system for the benefit and protection of the public that
includes the following information on termite treatments that are done before or during
construction, initial termite corrective projects, preventative termite treatments and
wood-destroying insect inspection reports:

(a) The name of the individual who performed the work.

(b) The address or location of the work or project.

(c) The name of the pest management company.

(d) The name of the qualifying party.

(e) The applicator license numbers.

(f) The nature and date of the work performed.

(g) Any other information that is required by rule.

7. Establish offices it deems necessary to carry out the purposes of this chapter.

8. Employ permanent or temporary personnel it deems necessary to carry out the
purposes of this chapter and designate their duties.

9. Investigate violations of this chapter and rules adopted pursuant to this
chapter.

10. Oversee the approval, content and method of delivery of continuing education
courses.

11. Deny a license to any person who has had a license revoked for a period of five
years from the time of revocation.

12. License applicators, qualifying parties and businesses in accordance with this
chapter and rules adopted pursuant to this chapter.

13. Require the payment of a penalty for any late license renewal.

14. Require either completion of the continuing education requirement or successful
completion of the license examination for failure to renew a license on time.

15. Suspend a license if a licensee fails to renew the license within thirty
calendar days after the renewal date.

16. Refuse to issue a business license in a name that is not registered with the
secretary of state or filed with the Arizona corporation commission.

17. Adopt a wood-destroying insect inspection report form for use by business
licensees.

B. The acting director may charge to the holder of a business license the actual
cost of providing mailed copies of rules, forms or policies that are proposed for
adoption and for educational materials.

C. The acting director shall administer and enforce this chapter and the rules
adopted pursuant to this chapter.

D. The acting director may:

1. Compel attendance of witnesses, administer oaths or affirmations and take
testimony concerning all matters coming within the acting director's jurisdiction.

2. Require a person who seeks a license pursuant to this chapter to submit to the
office a full set of fingerprints and the fees required by section 41-1750. The acting
director shall submit the fingerprints and fees to the department of public safety for
the purpose of obtaining a state and federal criminal records check pursuant to section
41-1750 and Public Law 92-544. The department of public safety may exchange this
fingerprint data with the federal bureau of investigation.

3. Enter into intergovernmental agreements.

4. With at least twenty-four hours' notice, request specific records from a
business licensee, qualifying party or applicator at the person's place of business
during normal business hours.

5. Deny or revoke a license based on the information in the application or
information that the acting director receives from the criminal background check.

6. On a showing of good cause by the business licensee, excuse a failure to timely
comply with a records request.

7. Issue advisory notices for de minimis violations.

8. Require inspectors to be licensed applicators in all categories within their
scope of work during their probationary period. Inspectors shall attend and complete an
investigative training class that is prescribed by the acting director.

9. Investigate alleged violations of all applicable federal and state statutes,
rules or orders or alleged violations of any condition imposed in connection with a
license.

10. Pursuant to section 32-2329, summarily suspend a license issued under this
chapter to protect the health, safety and welfare of the public.

11. Issue a corrective work order requiring a licensee to remedy deficiencies in
treatment or to comply with this chapter or any rules adopted pursuant to this chapter
before or after a formal hearing.

12. Do at least one of the following in relation to unlicensed pest management
business operations:

(a) Issue a cease and desist order requiring an unlicensed pest management business
to immediately cease operations.

(b) Except as provided in section 32-2311, subsection D, impose on an unlicensed
pest management business a civil penalty of not more than one thousand dollars for the
first occurrence and not more than two thousand dollars for the second or subsequent
occurrence.

13. Refer all cases for formal hearing to the office of administrative hearings.

14. Refuse to issue a business license in a name that is likely to be misleading or
to imply any distorted representation about the business.

15. Issue a renewable and revocable temporary qualifying party license to a licensed
applicator who is a representative of a business licensee if the qualifying party becomes
disassociated with the business licensee.

16. Provide and conduct classes to train applicators and qualifying parties in
preparation for license tests. The acting director may assess a fee for each class. The
acting director may contract with a commercial enterprise or an accredited institution to
conduct the class.

17. Provide and conduct continuing education classes quarterly. The acting director
may assess a fee for each credit hour. The acting director may contract with a
commercial enterprise or an accredited institution to conduct the class under the
supervision of office staff.

18. Appoint an employee of the office to conduct an informal settlement conference
with a licensee against whom an inquiry is received or a complaint is filed.

19. Prepare a consent order only after either an informal settlement conference is
conducted pursuant to section 32-2321 or a formal hearing is conducted pursuant to title
41, chapter 6, article 10.

20. Apply to the appropriate court, through the attorney general or county attorney,
for an order enjoining any act or practice that constitutes a violation of this chapter
or any rule adopted pursuant to this chapter.

21. Approve proposed consent orders.

E. Each completed form for a termite treatment that is done before or during
construction, initial termite corrective treatment project or wood-destroying insect
inspection report shall be accompanied by a fee. The initial fee is eight dollars. The
acting director may:

1. Adjust the fee upward or downward to a level that is calculated to produce
sufficient revenue to carry out the functions prescribed under this section.

2. Establish tiered fees according to the means of submission to encourage
electronic submission of the termite action registration form.

3. Assess a penalty of not to exceed one hundred dollars per form for failing to
submit the required form or fee, or both, within thirty calendar days.

F. Subject to the limitations of section 41-2544, the acting director may enter
into agreements for the purpose of enabling the office to accept payment for fees imposed
under this chapter by alternative payment methods, including credit cards, charge cards,
debit cards and electronic funds transfers. Before the monies are transferred to the
acting director pursuant to section 32-2305, the person collecting the fees shall deduct
any amount charged or withheld by a company providing the alternative payment method
under an agreement with the office.

G. In the enforcement of this article, the acting director or any duly authorized
agents may enter with the authority of a warrant issued by a court of competent
jurisdiction at reasonable times on any private or public property on which pesticides
are located or are reasonably believed to be located to be used for purposes related to
pest management. The owner, managing agent or occupant of the property shall permit entry
for the purpose of inspecting and investigating conditions relating to the use, storage,
application and disposal of pesticides.