TITLE 4. PROFESSIONS AND OCCUPATIONS

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-102. License Categories and Scope of Work

For the purpose of this Chapter and A.R.S. § 32-2301 et seq., license categories and the scope of work for each category are as follows:

1. Category B1 (General pest and public health) is limited to controlling general terrestrial vertebrate and invertebrate pests in or about a residential or other structure, public health pests, and pests not included in another license category but does not include pests in forests, aquatic food production, or agricultural plant areas.

2. Category B2 (Wood-destroying insect control) is limited to controlling wood-destroying insects in or about a structure by a means other than use of a fumigant.

3. Category B3 (Weed and right-of-way control) is limited to controlling terrestrial weeds in all areas other than a forest or agricultural plant or aquatic area.

4. Category B4 (Fumigation) is limited to using fumigants.

5. Category B5 (Turf and ornamental horticulture) is limited to controlling plant and turf pests, diseases, or viruses and using plant growth regulators on ornamental horticultural plants and turf in all areas other than a forest or agricultural plant area and except by means of a fumigant.

6. Category B7 (Fungi inspection) is limited to inspecting a structure for suspected fungi and completing a Commission-approved structural fungi inspection report.

7. Category B8 (Wood-destroying insect inspection) is limited to inspecting a structure for the items listed in R4-29-303 and reporting the results of the inspection on a WDIIR.

8. Category B9 (Aquatic) is limited to controlling pests, including weeds, in an aquatic area other than a water-retention basin or agricultural or forest area, and except for mosquito control.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-103. Complaint Information

A. A person may submit information to the Commission alleging unlicensed activity or misuse of a pesticide or violation of law by a licensee or a person who is not licensed. Information may be submitted in writing by mail, electronic mail, or fax, or orally by telephone or personal appearance.

B. The Commission shall ensure that information regarding the complaint process is available on the Commission's web site.

C. If the Commission determines that the public health may be in danger, the Commission shall refer a complaint or the results of an investigation to the Arizona Department of Health Services, another appropriate health-related agency, or the EPA.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 1483, effective January 31, 2001 (Supp. 01-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-104. Providing Information to the Commission

A. A person that wants the Commission to consider written information at a meeting shall submit the written information by the cut-off date established by the Commission.

B. An individual who wants to address the Commission may do so by appearing at a Commission meeting and completing a request-to-speak form.

C. The Commission shall ensure that Commission meeting dates and the cut-off date for each meeting are available on the Commission's web site.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-105. Fees; Charges; Exemption

A. Under the authority provided by A.R.S. § 32-2317, the Commission establishes and shall collect the following fees:

1. For an applicator:

a. License application, $30;

b. License broadening application, $10;

c. License renewal application, active or inactive status, online, $20;

d. License renewal application, active or inactive status, on paper, $25; and

e. Duplicate license, $20.

2. For a qualifying party:

a. License application, $150;

b. License broadening application, $50;

c. License renewal during active status, online, $120;

d. License renewal during active status, on paper, $125;

e. License renewal during inactive status, online, $20;

f. License renewal during inactive status, on paper, $25;

g. Change from inactive to active status, $125;

h. Temporary qualifying party license application, $25;

i. Temporary qualifying party license renewal application, $25; and

j. Duplicate license, $20.

3. For a business:

a. License application, $75;

b. License renewal application, online, $70;

c. License renewal application, on paper, $75;

d. Branch office registration application, $35;

e. Branch office registration renewal application, $35; and

f. Duplicate license, $20.

B. Under the authority provided by A.R.S. § 32-2304(A)(21), the Commission establishes and shall collect a penalty that is double the license renewal fee for any license that is not renewed timely. The penalty is in addition to the license renewal fee.

C. If the Commission administers the examination required under A.R.S. § 32-2312(C) or 32-2314(C), the Commission shall charge $50 to cover the cost of providing this service. If the Commission enters into a contract with an examination service or testing vendor, an applicant shall pay to the examination service or testing vendor the examination cost established in the contract.

D. Under the authority provided by A.R.S. § 32-2304(C), the Commission establishes and shall collect a fee of $8 for each TARF required to be submitted under this Chapter except there is no fee to submit timely a TARF pertaining to a final-grade treatment.

E. Under the authority provided by A.R.S. § 32-2304(C), the Commission establishes and shall collect a penalty of $8 for a TARF that is filed within 180 days after it is due and a penalty of $16 for a TARF that is filed more than 180 days after it is due. The penalty is in addition to the TARF filing fee under subsection (D). The penalty in this subsection applies to an untimely TARF pertaining to a final-grade treatment.

F. Any payment to the Commission may be made by cash, credit or debit card, money order, or cashier's, certified, business, or personal check. If payment is made by money order or check, the payer shall make the money order or check payable to the Structural Pest Control Commission. If payment is made by business or personal check, payment is not credited until the check clears the bank. The Commission does not prorate fees. Fees are not refundable unless A.R.S. § 41-1077 applies. The Commission may refuse all forms of payment other than cash, cashier's check, or money order from a person that issued an insufficient-funds payment to the Commission.

G. An employee of the Commission or the Arizona Department of Agriculture who applies for or holds a Commission-issued license is exempt from the fees in subsections (A) through (C).

H. The Commission shall reject an application or request for service that is submitted with the incorrect fee and not process the application or provide the service.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 1483, effective January 31, 2001 (Supp. 01-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-106. Joint Responsibility

A. An applicator, qualifying party, or business licensee who supervises another person, whether the supervised person is licensed or unlicensed, shall ensure that the supervised person is properly trained and equipped and receives the supervision necessary for the supervised person to provide pest management services competently and safely.

B. Under A.R.S. § 32-2308, an applicator, qualifying party, or business licensee who supervises another person, whether the supervised person is licensed or unlicensed, may be held jointly responsible for the acts or omissions of the supervised person.

C. It is an affirmative defense to joint responsibility as described in subsection (B) if an applicator, qualifying party, or business licensee, complied with subsection (A) and can demonstrate that compliance with contemporaneously maintained records.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 1483, effective January 31, 2001 (Supp. 01-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-107. Licensing Time-frames

A. Overall time-frame. The Commission shall issue or deny a license within the overall time-frames listed in Table 1. The overall time-frame, which is the total number of days provided for both the administrative completeness and substantive review time-frames, begins when the Commission receives an application.

B. Administrative completeness review time-frame.

1. During the administrative completeness review time-frame, the Commission shall notify the applicant in writing whether the application is complete or incomplete. If the application is incomplete, the Commission shall specify in the notice what information is missing. If the Commission does not provide notice to the applicant within the administrative completeness review time-frame, the Commission shall deem the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period listed in Table 1. The administrative completeness review and overall time-frames are suspended from the postmark date of the notice of missing information until the date the Commission receives the information.

3. If an applicant fails to submit the missing information before expiration of the completion request period, the Commission shall close the file. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

C. Substantive review time-frame. The substantive review time-frame listed in Table 1 begins when an application is administratively complete or at the end of the administrative completeness review time-frame in Table 1, whichever occurs first. If the Commission determines during the substantive review that additional information is needed, the Commission shall send the applicant a comprehensive written request for additional information. Both the substantive review and overall time-frames are suspended from the date of the Commission's request until the date that the Commission receives the additional information. The applicant shall submit the additional information within the additional information period listed in Table 1. If the applicant fails to provide the additional information within the additional information period in Table 1, the Commission shall close the application. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

D. Within the overall time-frame listed in Table 1, the Commission shall:

1. Deny a license or approval to an applicant if the Commission determines that the applicant does not meet all the substantive criteria required by the Commission's statutes and this Chapter; or

2. Grant a license or approval to an applicant if the Commission determines that the applicant meets all the substantive criteria required by the Commission's statutes and this Chapter.

E. If the Commission denies a license or approval under subsection (D)(1), the Commission shall provide a written notice of denial to the applicant that explains:

1. The reason for the denial, with citations to supporting statutes or rules;

2. The applicant's right to seek a fair hearing to challenge the denial; and

3. The time for appealing the denial.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-108. Repealed

Historical Note

Adopted effective December 2, 1998 (Supp. 98-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1).

Table 1. Time-frames (Calendar Days)

Historical Note

Table 1 adopted effective December 2, 1998 (Supp. 98-4). Table 1 repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Table 1 made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

ARTICLE 2. OBTAINING, RENEWING, ACTIVATING OR INACTIVATING A LICENSE; EXAMINATION; CONTINUING EDUCATION REQUIREMENT; APPROVAL OF CONTINUING EDUCATION

R4-29-201. Activities that Require a License; General Provisions

A. Unless exempt under A.R.S. § 32-2311, an individual who provides pest management services shall obtain an applicator license from the Commission. An applicator shall perform pest management services only on behalf of a business licensed by the Commission.

B. To obtain a license as a qualifying party, an individual shall also be licensed as an applicator.

C. A licensed business shall provide pest management services only if the licensed business employs at least one individual who holds a qualifying party license. A licensed business shall provide pest management services in a category only if the licensed business employs an individual who has an activated qualifying party or temporary qualifying party license in the category.

D. A licensed qualifying party or temporary qualifying party shall not qualify more than one licensed business. A licensed business may employ more than one licensed qualifying party.

E. An applicator or qualifying party shall provide pest management services only in the category for which the applicator or qualifying party is licensed. To provide pest management services in a new category, an applicator or qualifying party shall complete the license-broadening process described in R4-29-212.

F. Under A.R.S. § 32-2312(D), an applicant for licensure is required to be of good moral character. The Commission shall deny a license to an applicant determined not to be of good moral character. In determining whether an applicant is of good moral character, the Commission shall consider whether the applicant:

1. Committed an act, which, if committed by a licensee, would be grounds for disciplinary action against the licensee;

2. Has been convicted of a felony or a misdemeanor; or

3. Cheated on a licensing examination.

G. The holder of a license issued by the Commission shall not assign or transfer the license.

H. An applicator license expires on May 31 except that a new applicator license that is issued in May is valid until May 31 of the following year.

I. A qualifying party or business license expires on December 31 except that a new qualifying party or business license issued in December is valid until December 31 of the following year.

J. If a licensee files a timely and complete renewal application, the existing license does not expire until the Commission issues a notice granting or denying renewal. If the Commission denies license renewal, the existing license does not expire until all administrative appeals are exhausted.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-202. License Exemptions; Unlicensed Persons

A. In addition to the exemptions in A.R.S. § 32-2311, a person is not required to be licensed by the Commission if:

1. The person provides general information about a label or labeling, identifying or controlling a pest, integrated pest management, or use of an EPA- or Arizona-Department-of-Agriculture-registered pesticide, does not directly or indirectly charge for the information provided, and does not make an onsite recommendation; or

2. The person performs sales work that does not include any of the tasks identified under A.R.S. § 32-2301 as comprising the business of structural pest control or structural pest control.

B. Even if not required to be licensed by the Commission, a person shall not misuse a pesticide or device. Misuse includes using, applying, handling, or storing a pesticide in a manner inconsistent with the label or labeling, or using a device for an unintended purpose as indicated by the labeling of the device.

C. An allegation that an unlicensed person misused a pesticide may be investigated by the Commission or the EPA and may be prosecuted by the EPA.

D. If a licensee fails to renew because the licensee is on active military duty but applies for renewal within 100 days of honorable separation from active military duty, the Commission shall process the renewal application as timely and not charge the penalty prescribed under R4-29-105.

E. Under A.R.S. § 32-2312, an unlicensed person employed by a business licensee may apply pesticides for a maximum of 90 days from the date of employment if the unlicensed person is supervised by a licensed applicator or qualifying party and the applicator or qualifying party providing supervision:

1. Is licensed in the category for which supervision is provided;

2. Provides immediate supervision while the unlicensed person performs wood-destroying insect control or fumigation, or uses a restricted-use pesticide; and

3. Provides direct supervision while the unlicensed person performs pest management services not listed in subsection (E)(2).

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-203. Obtaining an Applicator License

A. An applicant for an applicator license shall submit the following information to the Commission on a form obtained from the Commission:

1. Full name;

2. Applicator license number, if any;

3. Physical address;

4. Mailing address, if different from the physical address;

5. Telephone number;

6. Electronic mail address, if any;

7. Date of birth;

8. Social Security number;

9. A statement whether the applicant has ever been convicted of a felony or a misdemeanor and if the answer is yes, submit:

a. A completed Criminal Conviction Supplement form that includes information regarding the charge, date, jurisdiction and disposition of conviction, and current status;

b. A copy of documents pertaining to each conviction including court orders and police, probation, and pre-sentence reports;

c. A complete set of fingerprints; and

d. The fee for fingerprint processing;

10. A statement whether the applicant has ever had a license or permit to practice pest management denied, revoked, or suspended and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

11. Name of employer, if any;

12. Employer's business license number, if applicable;

13. Employer's telephone number, if applicable;

14. License category for which application is made; and

15. The applicant's dated signature affirming that the information provided is true and correct.

B. In addition to the form required under subsection (A), an applicant shall submit the fee specified in R4-29-105.

C. Under the authority at A.R.S. § 32-2304(B)(2), if the Commission determines it is in the best interest of the state, the Commission shall require an applicant to submit a complete set of fingerprints and the fee for fingerprint processing.

D. If the Commission determines that an applicant is eligible for licensure, the Commission shall notify the applicant that the applicant may schedule and take a licensing examination described under R4-29-205.

E. If the Commission determines there may be cause to deny a license to an applicant, the Commission shall send a written notice to the applicant specifying the date and time for the applicant to appear at a Commission meeting and answer questions.

F. The Commission shall issue a license to an applicant who meets all of the qualifications in A.R.S. § 32-2312 and this Chapter and passes the licensing examinations. The license authorizes the applicator to provide pest management services until May 31 if the applicator is employed by a licensed business.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-204. Obtaining a Qualifying Party License

A. Before applying for a qualifying party license, an applicant shall hold an applicator license for each category in which a qualifying party license is sought and fulfill the practical experience requirement for each category.

B. An applicant for a qualifying party license shall submit the following information to the Commission on a form obtained from the Commission:

1. Full name;

2. Applicator license number;

3. Qualifying party license number, if any;

4. Physical address;

5. Mailing address, if different from the physical address;

6. Telephone number;

7. Electronic mail address, if any;

8. Date of birth;

9. Social Security number;

10. A statement whether the applicant has ever been convicted of a felony or a misdemeanor and if the answer is yes, submit:

a. A completed Criminal Conviction Supplement form that includes information regarding the charge, date, jurisdiction and disposition of conviction, and current status; and

b. A copy of documents pertaining to each conviction including court orders and police, probation, and pre-sentence reports;

11. A statement whether the applicant has ever had a license or permit to practice pest management denied, revoked, or suspended and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

12. Name of employer, if any;

13. Employer's business license number, if applicable;

14. Employer's telephone number, if applicable;

15. License category for which application is made; and

16. The applicant's dated signature affirming that the information provided is true and correct.

C. In addition to the form required under subsection (B), an applicant shall submit:

1. The fee specified in R4-29-105;

2. Evidence of the hours of practical experience required under A.R.S. § 32-2314(C)(2) in each category for which the applicant seeks licensure. Evidence that is acceptable to the Commission includes:

a. A completed Verification of Practical Experience form that is signed by a business or qualifying party licensee or another person with first-hand knowledge of the applicant's experience and notarized;

b. Payroll records, invoices, route sheets, or calendars;

c. Letters from persons with first-hand knowledge of the applicant's experience; and

d. An official transcript from an educational institution at which the applicant completed relevant course work;

3. A complete set of fingerprints; and

4. The fingerprint processing fee.

D. The Commission shall send a written notice to an applicant for a qualifying party license regarding the date and time that the applicant is to appear at a Commission meeting for an evaluation of the applicant's practical experience and to be authorized to schedule and take the licensing examination described under R4-29-205. The applicant shall appear as noticed.

E. The Commission shall issue an inactive license to an applicant who meets all of the qualifications in A.R.S. § 32-2314 and this Chapter and passes the licensing examination. Before working as the qualifying party of a licensed business, the licensee shall activate the license.

F. An active qualifying party license authorizes the licensee to qualify one licensed business until December 31. A qualifying party licensee may qualify the one licensed business in each category in which the qualifying party is licensed.

G. If a qualifying party applicant whose application is closed under R4-29-107(B)(3) or (C) submits a new application under subsections (B) and (C) within one year after the prior application closed, the Commission shall not require the applicant to appear before the Commission as described in subsection (D) unless the applicant was convicted of a felony or misdemeanor during the time between applications.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-205. Licensing Examination for an Applicator or Qualifying Party Applicant

A. Under A.R.S. §§ 32-2312(C) and 32-2314(C), taking and passing an examination is a condition for licensure as an applicator or qualifying party.

B. An applicant who has received notice from the Commission that the applicant is approved to take the licensing examination shall make arrangements to take the examination by contacting the Commission or the examination service or testing vendor with which the Commission has contracted.

C. To assist an applicant to prepare for the licensing examination, the Commission shall maintain a list of study materials on its web site and may provide an examination training class. An applicant may also take an examination training class from a private vendor.

D. The licensing examination measures knowledge and understanding of both general and category-specific information. To be licensed, an applicant shall score at least 75 percent on the general standards ("core") examination and the category-specific examination for each category in which the applicant seeks licensure.

E. Both the core and category-specific licensing examination for an applicator and qualifying party measure knowledge and understanding of the following content areas:

1. Pesticide label and labeling and pesticide types and formulations;

2. Pest identification, life cycles, and habits;

3. Safety and environmental factors relating to the use, handling, and disposal of pesticides;

4. Application techniques, calibration and dilution, and equipment types, uses, and maintenance; and

5. Laws and rules.

F. The Commission or the examination service or testing vendor shall provide immediate, written notice to an applicant regarding whether the applicant passed a licensing examination.

G. An applicant shall not take the same examination more than once on the same day.

H. The Commission shall immediately close the application of an applicant that the Commission determines cheated on an examination.

I. If an application is closed under subsection (H), the score received on the examination is void.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-206. Obtaining a Business License

A. An applicant for a business license to conduct pest management services shall submit the following information to the Commission on a form obtained from the Commission:

1. About the qualifying party who will qualify the business:

a. Full name;

b. Physical address;

c. Mailing address, if different from the physical address;

d. Electronic mail address, if any;

e. Date of birth;

f. Social Security number;

g. Telephone number;

h. Qualifying party license number and applicator license number, if any;

i. License category of qualification; and

j. The dated signature of the qualifying party;

2. About the business license applicant:

a. Full name,

b. Mailing address;

c. Electronic mail address, if any;

d. Telephone number;

e. Date of birth; and

f. Social Security number;

3. About the business:

a. Business name;

b. Form of business organization and names of the following persons authorized to act on behalf of the business:

i. Owner if a sole proprietorship;

ii. Managing or general partner if a partnership;

iii. President, secretary, and statutory agent if a corporation;

iv. Manager or at least two members if a limited liability company;

v. Designated agent of an appointed or elected person or body if the state or a political subdivision; or

vi. Person authorized to make decisions for the business if any other type of business form;

c. Telephone number;

d. Fax number;

e. Physical address;

f. Mailing address, if different from physical address; and

g. Chemical storage address; and

4. The business applicant's dated signature affirming that the information provided is true and correct.

B. In addition to the form required under subsection (A), an applicant shall submit:

1. The fee specified in R4-29-105;

2. A completed Business License Application Supplement that includes the following information about the pest management business:

a. A description of how the qualifying party will manage the business;

b. A description of how the qualifying party will supervise the pest management services provided by the business;

c. A description of plans to provide training for all licensed applicators employed by the business;

d. A description of how the business will comply with the financial responsibility requirements in A.R.S. § 32-2313;

e. The names of all individuals who own at least 10 percent of the business;

f. The name of the statutory agent of the business; and

g. If a corporation, the names of all corporate officers;

3. The following information on a completed Commission insurance certificate if the applicant will fulfill the financial responsibility requirements by purchasing liability insurance or a surety bond:

a. Name, address, and telephone number of the insured;

b. Existing business licenses held by the applicant;

c. Name, address, and telephone number of the insurer;

d. Name, address, and telephone number of the insurance producer or broker;

e. Number of the insurance policy or surety bond, effective and expiration dates, limits, and deductible, if any;

f. The categories of work covered by the insurance or bond; and

g. The dated signature and title of an agent of the insurer or producer or broker certifying that:

i. The company is authorized by the Arizona Department of Insurance to do business in Arizona;

ii. The insurance or bond has been issued to the insured for the period indicated;

iii. The insurance or bond complies with the Commission's statutes regarding coverage endorsements;

iv. The company will notify the Commission in writing within 30 days if the insurance or bond is cancelled, revoked, or falls below the legal limit or if the deductible exceeds $10,000; and

v. The company will furnish information regarding the insurance or bond to the Commission upon request; and

4. A copy of the Articles of Incorporation, trade name certificate, partnership agreement, or other evidence of the form of business organization.

C. The Commission shall deny use of a business license name that the Commission determines is similar to an existing business name and may cause a reasonable person to confuse the two businesses.

D. If the Commission determines there may be cause to deny a license to an applicant, the Commission shall send a written notice to the applicant specifying the date and time for the applicant to appear at a Commission meeting and answer questions.

E. The Commission shall issue a business license to an applicant that the Commission determines is qualified under A.R.S. § 32-2313 and this Chapter. The business license, which is valid until December 31, authorizes the licensee to operate a structural pest control business in each category in which the licensee employs a qualifying party licensed in the category.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-207. Renewing an Applicator, Qualifying Party, or Business License

A. The Commission shall mail a renewal form to a licensee at the licensee's address of record, provide access to a downloadable renewal form, or provide access to online renewal. Timely license renewal is the responsibility of the licensee. Failure to receive notice of renewal does not justify failure to renew.

B. If a licensee's renewal application is not administratively complete before the license expiration date, the Commission shall require the licensee to pay the penalty prescribed at R4-29-105(B).

C. Renewal applications are due as follows:

1. For an applicator license, May 1;

2. For a qualifying party license, December 1; and

3. For a business license, December 1.

D. To renew an applicator or qualifying party license, the licensee shall:

1. Submit the following information to the Commission on a completed renewal form:

a. A change in mailing address, if any;

b. Electronic mail address, if any;

c. Telephone number;

d. For a qualifying party, a statement whether the licensee wants to renew or inactivate each category in which the licensee is licensed. An applicator license cannot be inactivated by category but only in whole;

e. Name of employer;

f. Name of business for which the qualifying party provides qualification;

g. A statement whether the licensee has ever been convicted of a felony or a misdemeanor and if the answer is yes, a statement whether all felony convictions have been reviewed and voted on by the Commission and if the answer is no:

i. A completed Criminal Conviction Supplement form that includes information regarding the charge, date, jurisdiction and disposition of conviction, and current status;

ii. A copy of documents pertaining to each conviction including court orders and police, probation, and pre-sentence reports;

iii. A complete set of fingerprints; and

iv. The fee for fingerprint processing;

h. A statement whether the licensee has had a license or permit to practice pest management denied, revoked, or suspended during the last 12 months and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances; and

i. The licensee's dated signature affirming that the licensee complied with the continuing education requirement under R4-29-215. If the licensee is renewing a license in inactive status, no continuing education is required; and

2. Submit the fee required under R4-29-105.

E. To renew a business license, the licensee shall:

1. Submit the following information to the Commission on a completed renewal form:

a. A change in mailing address, if any;

b. Electronic mail address, if any;

c. Telephone number;

d. A statement whether the licensee wants to renew an active or inactive license;

e. Name of the qualifying party in each category in which the business provides structural pest control services;

f. A statement that the licensee maintains the insurance or surety bond required by A.R.S. § 32-2313; and

g. The dated signature of the authorized representative of the business; and

2. Submit the fee required under R4-29-105.

F. If the Commission determines there may be cause to deny a renewal, the Commission shall send a written notice to the applicant specifying the date and time for the applicant to appear at a Commission meeting and answer questions.

G. An applicator, qualifying party, or business licensee that fails to submit a timely and complete renewal application shall not provide pest management services until the Commission provides written notice of the Commission's decision to grant or deny renewal.

H. The Commission shall not renew a license that is expired for more than 30 days. The former licensee may apply for licensure as a new applicant.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-208. Obtaining a Temporary Qualifying Party License

A. A licensed applicator who is employed by a business licensee may apply for a renewable, temporary qualifying party license if the qualifying party, who is not a temporary qualifying party, of the business has disassociated from the business within the last 45 days.

B. A temporary qualifying party applicant shall submit the following information to the Commission on a form obtained from the Commission:

1. About the business licensee:

a. Business name;

b. Business license number;

c. Physical address;

d. Mailing address, if different from the physical address;

e. Telephone number; and

f. Fax number;

2. About the licensed applicator:

a. Full name;

b. Applicator license number;

c. Physical address;

d. Mailing address, if different from the physical address;

e. Telephone number;

f. Electronic mail address, if any;

g. Fax number;

h. A statement whether the applicant has ever been convicted of a felony or a misdemeanor and if the answer is yes, a statement whether all felony convictions have been reviewed and voted on by the Commission and if the answer is no:

i. A completed Criminal Conviction Supplement form that includes information regarding the charge, date, jurisdiction and disposition of conviction, and current status;

ii. A copy of documents pertaining to each conviction including court orders and police, probation, and pre-sentence reports;

iii. A complete set of fingerprints; and

iv. The fee for fingerprint processing;

i. A statement whether the applicant has ever had a license or permit to practice pest management denied, revoked, or suspended and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

j. License category for which application is made; and

k. The applicant's dated signature affirming that the information provided is true and correct.

C. In addition to the form required under subsection (B), an applicant shall submit:

1. The fee specified in R4-29-105;

2. A written notice of disassociation from the qualifying party who previously qualified the business;

3. A written request from the business licensee that an applicator licensed in the category in which the disassociating qualifying party qualified the business be granted a temporary qualifying party license. The Commission shall not issue a temporary qualifying party license to an applicator to qualify a business in a category different from the category in which the disassociating qualifying party qualified the business;

4. A written statement from the business licensee that the business has not operated since the disassociation in the category for which the disassociated qualifying party qualified the business; and

5. A written description of how the temporary qualifying party will:

a. Manage the pest management services provided by the business,

b. Supervise the pest management services provided by the business, and

c. Train and supervise all licensed and unlicensed applicators employed by the business.

D. The Commission shall issue a temporary qualifying party license to an applicant who is qualified under A.R.S. § 32-2314 and this Chapter. The temporary qualifying party license authorizes the licensee to qualify a licensed business for 60 days in each category in which the temporary qualifying party is licensed.

E. If a temporary qualifying party license expires, the business licensee qualified by the temporary qualifying party licensee shall not perform pest management services in the category for which the temporary qualifying party qualified the business.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-209. Renewing a Temporary Qualifying Party License

The Commission shall renew a temporary qualifying party license for an additional 60 days if the business licensee submits the fee required under R4-29-105 and:

1. The business licensee submits to the Commission a written request for renewal explaining why renewal is needed and the business licensee's contingency plan if the Commission denies renewal; and

2. As required by A.R.S. § 32-2314(F), the business licensee establishes good cause for delay in hiring a qualifying party licensee. The business licensee can establish good cause by showing:

a. The temporary qualifying party licensee or another licensed applicator of the business licensee has applied for a qualifying party license and has the practical experience required for licensure but:

i. The Commission has yet to receive the results of the background investigation;

ii. The qualifying party applicant has taken but not passed the core and category-specific licensing examination; or

iii. The qualifying party applicant completed all requirements to obtain a license, but the Commission was unable to schedule consideration of the qualifying party applicant before the temporary qualifying party license expired;

b. The business licensee conducted a diligent but unsuccessful search for a qualifying party; or

c. Fewer than six months have elapsed since the qualifying party who qualified the business disassociated from the business.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-210. Inactivating or Activating an Applicator License

A. To place a valid, active applicator license on inactive status, the licensee shall submit the following information to the Commission on a form obtained from the Commission:

1. Name;

2. Applicator license number;

3. Physical address;

4. Mailing address, if different from the physical address;

5. Electronic mail address, if any;

6. Date of birth;

7. Social Security number;

8. Telephone number; and

9. Dated signature of the licensee affirming that:

a. The information provided is true and correct; and

b. The licensee shall not perform pest management services in any category while the license is on inactive status.

B. An inactive license expires on May 31 unless renewed. To renew an inactive license, the licensee shall comply with the renewal provisions at R4-29-207(C) and (D). There is no continuing education requirement to renew an inactive applicator license.

C. To activate an inactive applicator license, the licensee shall submit to the Commission:

1. The following information on a form obtained from the Commission:

a. Name;

b. Applicator license number;

c. Categories in which the licensee is licensed;

d. Physical address;

e. Mailing address, if different from the physical address;

f. Electronic mail address, if any;

g. Date of birth;

h. Social Security number;

i. Telephone number;

j. A statement whether the applicant has ever been convicted of a felony or a misdemeanor and if the answer is yes, a statement whether all convictions have been reviewed by the Commission and if the answer is no, submit:

i. A completed Criminal Conviction Supplement form that includes information regarding the charge, date, jurisdiction and disposition of conviction, and current status;

ii. A copy of documents pertaining to each conviction including court orders and police, probation, and pre-sentence reports;

iii. A complete set of fingerprints; and

iv. The fee for fingerprint processing;

k. A statement whether the applicant has ever had a license or permit to practice structural pest control denied, revoked, or suspended and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

l. Name of employer;

m. Employer's business license number;

n. Employer's telephone number; and

o. Dated signature of the licensee affirming that the information provided is true and correct;

2. The fee required under R4-29-105; and

3. Evidence described at R4-29-215(C) of completing six units of continuing education.

D. If the Commission determines there may be cause to deny activating an applicator license, the Commission shall send a written notice to the applicant specifying the date and time for the applicant to appear at a Commission meeting and answer questions.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 1483, effective January 31, 2001 (Supp. 01-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-211. Inactivating or Activating a Qualifying Party License

A. To place a valid, active qualifying party license on inactive status, the licensee shall submit the following information to the Commission on a form obtained from the Commission:

1. Name;

2. Qualifying party license number;

3. Physical address;

4. Mailing address, if different from the physical address;

5. Electronic mail address;

6. Date of birth;

7. Social Security number;

8. Telephone number;

9. The license categories to be inactivated;

10. Employer's name and telephone number; and

11. Dated signature of the licensee affirming that:

a. The information provided is true and correct; and

b. The licensee shall not act to qualify a business in an inactive category without activating the license in that category.

B. An inactive qualifying party license expires on December 31 unless renewed. To renew an inactive license, the licensee shall comply with the renewal provisions at R4-29-207(C) and (D). There is no continuing education requirement to renew an inactive qualifying party license.

C. To activate an inactive qualifying party license and qualify a new business, the qualifying party licensee and the new business applicant shall:

1. Comply with R4-29-206,

2. Submit both the fee required to activate a qualifying party license and apply for a business license, and

3. Submit evidence described at R4-29-215(C) of the qualifying party completing six units of continuing education.

D. To activate an inactive qualifying party license and qualify an existing business, the qualifying party licensee and the business licensee shall:

1. Comply with R4-29-206,

2. Submit the fee required to activate a qualifying party license, and

3. Submit evidence described at R4-29-215(C) of the qualifying party completing six units of continuing education.

E. If the Commission determines there may be cause to deny activating a qualifying party license, the Commission shall send a written notice to the applicant specifying the date and time for the applicant to appear at a Commission meeting and answer questions.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-212. Broadening an Applicator or Qualifying Party License

A. To broaden an applicator license, the licensed applicator shall:

1. Submit to the Commission the license application form described in R4-29-203 and indicate on the form the category in which broadening is sought,

2. Submit the fee required under R4-29-105(A)(1)(b), and

3. Take and pass the licensing examination described in R4-29-205 for the specific category in which broadening is sought.

B. A qualifying party is eligible to broaden the qualifying party license only if the qualifying party holds an applicator license in the category in which broadening is sought.

C. To broaden a qualifying party license, the licensed qualifying party shall:

1. Submit to the Commission the license application form described in R4-29-204 and indicate on the form the category in which broadening is sought,

2. Submit the fee required under R4-29-105(A)(2)(b),

3. Submit the evidence required under R4-29-204(C)(2) for the category in which broadening is sought,

4. Appear at a Commission meeting for an evaluation of the qualifying party's practical experience for the category in which broadening is sought, and

5. Take and pass the licensing examination described in R4-29-205 for the specific category in which broadening is sought.

D. If a qualifying party whose application for license broadening is closed under R4-29-107(B)(3) or (C) submits a new application under subsection (C) within one year after the prior application closed, the Commission shall not require the applicant to appear before the Commission as described in subsection (C)(4) unless the applicant was convicted of a felony or misdemeanor during the time between applications.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Section repealed by final rulemaking at 13 A.A.R. 528, effective April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1).

R4-29-213. Branch Office Registration

A. A business licensee that wishes to do business from a branch office shall register the branch office with the Commission before doing any business from the branch office.

B. To register a branch office, the business licensee shall complete a form, that is available on the Commission's web site, and provide the following information:

1. About the business:

a. Name;

b. License number;

c. Telephone and fax numbers;

d. Physical address;

e. Mailing address, if different from physical address; and

f. Electronic mail address, if any;

g. Chemical storage address;

2. About the branch office:

a. Name of manager;

b. Manager's applicator license number;

c. Telephone and fax numbers;

d. Physical address;

e. Mailing address, if different from physical address;

f. Electronic mail address, if any;

g. Chemical storage address; and

h. The pest management categories in which the branch office will do business;

3. About the qualifying party:

a. Name;

b. Date of birth;

c. Mailing address;

d. Telephone number;

e. Electronic mail address, if any; and

f. Qualifying-party license number; and

4. The dated signature of an authorized representative of the licensed business.

C. In addition to the form required under subsection (B), the business licensee shall submit the fee required u