32-2308. Joint responsibility for supervised
persons
A. A business licensee, qualifying party or applicator may be held jointly
responsible for the acts or omissions of another person who is under the supervision of
the business licensee, qualifying party or applicator if the supervising licensee fails
to properly train, equip or supervise the other person or fails to maintain records of
proper training, equipping or supervising.
B. Failure to timely and fully respond to requests by the acting director for
information relating to training, equipping and supervising is a prima facie showing of a
failure to properly train, equip or supervise. The supervising licensee has the burden of
proof by a preponderance of the evidence that the business licensee, qualifying party or
applicator has fulfilled the required duties as prescribed by this chapter, rules adopted
pursuant to this chapter or a written order of the acting director.
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