Louisiana Revised Statutes 3:3371 – Violations
Terms Used In Louisiana Revised Statutes 3:3371
- Commission: means the Structural Pest Control Commission. See Louisiana Revised Statutes 3:3362
- Contract: A legal written agreement that becomes binding when signed.
- Person: means any individual, corporation, partnership, association, or other legal entity. See Louisiana Revised Statutes 3:3362
- Personal property: All property that is not real property.
- Pesticide: means any substance or combination of substances which is a pesticide under the Louisiana Pesticide Law, La. See Louisiana Revised Statutes 3:3362
- Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
- Structural pest: means any member of any species of wood-destroying insects, vermin, rodents, vertebrates, and pest birds which attack and damage wood. See Louisiana Revised Statutes 3:3362
- Structural pest control: means any procedure intended to effect the prevention, regulation, extermination, or eradication of structural pests in household, commercial, and vacant structures, including adjacent outside areas and the contents of such structures. See Louisiana Revised Statutes 3:3362
A. Violations of this Part shall include but shall not be limited to the following:
(1) Engaging in any form of structural pest control work without first obtaining the proper permit, license, or registration.
(2) Advertising, soliciting, or otherwise attempting to obtain in any form structural pest control work without first obtaining the proper permit, license, or registration.
(3) Any application of any pesticide in violation of the label, the provisions of this Part, or the rules and regulations adopted under the provisions of this Part.
(4) Failure by a person who holds a place of business permit to maintain the bond and insurance required by this Part.
(5) Knowingly permitting any person under direct supervision to violate any provision of this Part or any rule or regulation adopted under the provisions of this Part.
(6) Intentional misrepresentation of any matter involved in or related to structural pest control work.
(7) Failure to enter into or report any contract required by this Part.
(8) Knowingly making any false or misleading statement in a wood-infestation report.
(9) Gross negligence in conducting an inspection or failing to make an inspection prior to issuing a wood-infestation report.
(10) Failure to appear at an adjudicatory hearing after receiving proper notice.
(11) A licensee transacting business without complying with the continuing education requirements adopted by the commission.
(12) Failure of a registered technician to comply with the continuing education requirements adopted by the commission.
(13) Any failure to timely pay any civil penalty imposed by the commission or any failure to timely pay any fee collected by the commission.
(14) Any violation of any provision of this Part or of any rule or regulation adopted under the provisions of this Part.
B. Each day on which a violation occurs and each location at which a violation occurs shall be considered a separate offense.
C. Violations shall be classified as minor, moderate, or major in accordance with the following provisions:
(1) A minor violation is any act which does not result in danger to human health and safety or damage to personal property including but not limited to clerical errors or failure to timely file required reports.
(2) A moderate violation is any act of negligence in meeting the guarantees of an agreement for structural pest control work including but not limited to failure to apply pesticides in accordance with the label or failure to comply with minimum specifications adopted by the commission. A violation which is not a minor violation or a major violation shall be a moderate violation.
(3) A major violation is:
(a) Any act which may adversely affect human health and safety;
(b) Any act performed without having the proper permit, license, or registration;
(c) Any intentional misrepresentation of any matter involved in or related to structural pest control work;
(d) Any false or misleading statement made knowingly in a wood-infestation report; or
(e) Any failure to timely pay any civil penalty imposed by the commission, or any failure to timely pay any fee collected by the commission.
Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 1988, No. 149, §1; Acts 1988, No. 211, §1; Acts 1988, No. 287, §1.