SB1414 - 551R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 3-3603, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3603. Powers and duties of director

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

1. Adopt rules that are necessary or proper to administer and implement this chapter, including rules that may be more stringent than a corresponding federal law for:

(a) Administrative provisions.

(b) Licensure, certification and registration requirements and qualifications, including training and education requirements and financial security standards.

(d) Duties and responsibilities.

(e) Recordkeeping and production of records requirements.

(f) Licensee inspection and treatment report requirements.

(g) Disciplinary action provisions.

(h) Equipment provisions.

(i) Advertising requirements.

(j) The use, storage Using, storing and application of applying pesticides and devices used in pest management.

2. Notify the business licensee, applicator and qualifying party in writing of any inquiry into possible violations by the business licensee, applicator or qualifying party by the close of business on the tenth business day after the day on which the director initiated the inquiry if the director anticipates an enforcement action. If in the course of the investigation the division identifies any alleged violations by a different business licensee, applicator or qualified party, the director shall notify the additional alleged violator by the close of business on the tenth business day after the day on which the director initiated the new inquiry.

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

4. Maintain a computer system for the to benefit and protection of protect the public that includes the following information on pretreatments, new-construction treatments, final grade treatments, initial corrective 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.

(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.

5. Establish offices the director deems necessary to carry out the purposes of this chapter.

6. Subject to title 41, chapter 4, article 4, employ personnel the director deems necessary to carry out the purposes of this chapter and designate their duties.

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

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

9. License applicators and qualified applicators and license businesses in accordance with this chapter and rules adopted pursuant to this chapter.

10. Register qualifying parties, branch supervisors and branch offices in accordance with this chapter and rules adopted pursuant to this chapter.

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

12. 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.

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

14. Receive monies authorized under this chapter for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.

B. The director may:

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

2. 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 an inquiry or complaint.

3. Contract and enter into interagency and intergovernmental agreements with any private party or public agency.

4. With at least twenty-four hours' notice, unless there may be an immediate risk to public health and safety, require a business licensee, qualifying party or applicator to produce specific records. On a showing of good cause by the business licensee, qualifying party or applicator, the director may excuse failure to timely comply.

5. Deny or revoke a license based on the information in the application.

6. Issue advisory notices for de minimis violations.

7. Investigate alleged violations of this chapter, rules adopted pursuant to this chapter, consent agreements, orders and any condition imposed in connection with a license.

8. Require the public to provide notices regarding alleged violations in writing.

9. Pursuant to section 41-1092.11, summarily suspend a license issued under this chapter to protect the health, safety and welfare of the public.

10. Issue a corrective work order requiring a business licensee or applicator 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.

11. On receipt of a complaint or on initiation of a complaint by the division, investigate any alleged violation of unlicensed activity pursuant to this chapter. If the director determines that an unlicensed person is performing an act that is required to be performed by a person licensed pursuant to this chapter, the director shall take one or more of the following enforcement actions:

(a) Issue a cease and desist order requiring the person to immediately cease operations.

(b) Impose on the person a civil penalty of not more than one thousand dollars $1,000 for the first occurrence and not more than two thousand dollars $2,000 for the second occurrence.

(d) Request that the county attorney or attorney general file charges against the person.

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

13. Register a certified applicator who is a representative of a business licensee as a temporary qualifying party if the qualifying party becomes disassociated with the business licensee.

14. Provide and conduct classes to train individuals in preparation for certified applicator and certified qualified applicator tests. The director may assess a fee for each class. The director may contract with a commercial enterprise or an accredited institution to conduct the class.

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

16. Enter into consent agreements and issue consent orders.

17. Designate by rule devices that are exempt from the licensure, certification and registration requirements of this chapter.

18. Charge a person for providing copies of rules, forms or policies proposed for adoption and for educational materials.

19. Require a business licensee or qualifying party to register with the division or to otherwise identify all of the licensed or unlicensed applicators of the business or supervised by the qualifying party.

20. Require a business licensee to produce records for the purpose of verifying that an individual is an applicator of the business licensee.

21. Charge a handling fee in addition to the transaction amount for any transaction that could have been completed electronically and was not.

22. Deny or refuse to renew a license of a person who owes unpaid fees or civil penalties to the division.

23. Educate the public regarding the licensure, certification and registration REQUIREMENTS of this chapter.

C. The director or any duly authorized agents may enter any private or public property, including a service vehicle, on which pesticides are located or are reasonably believed to be located to be used for purposes related to pest management or any office of a business engaged in pest management. The owner, managing agent or occupant of the property or office shall permit entry for the purpose of inspecting and investigating conditions relating to the use, storage, application and disposal of pesticides, including worker safety materials and records pertaining to pest management. If a person refuses to admit the director or the authorized agent in accordance with this subsection, the director may obtain a warrant from a court of competent jurisdiction. If a licensed or certified person refuses to admit the director or an authorized agent in accordance with this subsection during regular business hours, the director may impose disciplinary action on the person.

D. The director or any duly authorized agents may monitor compliance by a person with this chapter and rules adopted pursuant to this chapter while the person is providing pest management services.

E. The director may maintain a list of persons who have violated section 3-3624, subsection A, paragraph 1. The list shall include any known related business names used by those persons. The department shall post the list on the department's website. The director shall remove a person and any known related business names that the person used from the list within ten business days after the person becomes licensed pursuant to this chapter and submits a written request to the director to remove the person's name from the list. The director shall provide a copy of the list to any member of the public that requests a copy.END_STATUTE

Sec. 2. Section 3-3614, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3614. Applicator certification; categories; fingerprint requirement

A. An application for applicator certification shall be in a form prescribed by the director and be accompanied by the prescribed fee.

B. An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories:

1. Industrial, institutional, structural and health-related pest management.

2. Wood-destroying organism management.

3. Ornamental and turf pest management.

4. Right-of-way pest management.

5. Aquatic pest management.

6. Fumigation.

7. Other categories or subcategories established by rule.

C. An individual who applies for certification as a new applicator or a new qualified applicator shall submit to the division a full set of fingerprints and fees as required by section 41-1750. The 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. END_STATUTE

Sec. 3. Effective date

Section 3-3614, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2021.