32-2325

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.