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32-2302. Structural pest control commission; appointment; DESERT VIOLIN SPIDER 32-2302. Applicability of chapter; state preemption DESERT VIOLIN SPIDER
qualification; terms

A. The structural pest control commission is established. The com- A. This chapter applies to pest management. This chapter does
mission consists of the following seven members: not apply to pesticide applications used directly in the
1. Three industry members who hold current active licenses issued commercial production of crops and animals or used, if not for
by the commission and who are appointed by the governor pursuant hire, on golf courses.
to section 38-211. Each industry member shall have a minimum of
five years of structural pest control experience. The governor shall B. The regulation of pest management is of statewide concern.
make appointments in a manner to provide that the three industry The regulation of pest management pursuant to this chapter is
members in combination have pest control experience in all licensed Photo Courtesy of UNIVAR not subject to further regulation by a county, city, town or other
categories and in a manner to provide urban and rural representa- political subdivision of this state
tion and representation from licensees with a limited number of employees and licensees with a
large number of employees. One member shall be an active business licensee who has five or
fewer employees.
2. Three public members who are appointed by the governor pursuant to section 38-211. 32-2303. Office of Pest Management, management and administrative services
3. One member who has at least a baccalaureate degree and is an entomologist, plant A. The office of pest management is established.
pathologist, toxicologist, medical doctor, doctor of osteopathy or individual holding a degree B. The department shall provide, through an interagency agreement, necessary
in public health or occupational health and who is appointed by the governor pursuant to management and administrative services to
section 38-211. the office in conducting its activities including:
B. The members appointed pursuant to subsection A, paragraphs 2 and 3 of this section shall
not have been employed or affiliated with the pest control or pesticide industry within a five year 1. Providing financial and accounting services including issuing checks, paying bills
period prior to appointment. approved by the office, preparing
C. The governor may remove any appointee for cause. budgets, and any other activities required by the office.
D. The term of office for commission members is three years to begin and end on the third 2. Receiving monies authorized under this chapter for deposit, pursuant to sections 35-146
Monday in January. and 35-147, in the appropriate
E. No appointee may serve more than two consecutive terms. funds.

32-2303. Organization; meetings; compensation 3. Managing the office’s information technology systems.
4. Receiving mail and other communications for the office.
A. The commission, at its last meeting of each calendar year, shall elect from among its mem- 5. Rulemaking, preparing reports for the governor’s regulatory review council and preparing
bers a chairperson, vice-chairperson and secretary all of whom retain full voting rights. regulatory agendas.
B. The commission shall hold a regular meeting at least quarterly. The commission may hold 6. Providing human resources services, including employee relations, staffing and
other meetings it deems necessary. recruitment, classification and
compensation advice and personnel policy assistance.
7. Providing other services requested by the office and approved by the department.
C. The office shall reimburse the department for necessary management and
administrative services, including the director’s services, rendered for the benefit of the
office from the monies received under this chapter in an amount agreed on by the office
and department.

• Three industry members. • One member who has at least a baccalaureate
degree and is either:
• Appointed by the governor. • Three public members. • Medical Doctor or
• Minimum of five years of pest control • Appointed by the governor. • An Entomologist or • Doctor of Osteopathy or has
• Plant Pathologist or
experience. • Members appointed by the governor shall • Toxicologist or • Degree in Public Health or
• Occupational Health.
• All licensed categories. have no affiliation with pest control or pesti- • And who is appointed by the governor.
• One shall be an active business licensee who cide industry within last five years. • Members appointed by the governor shall have no
has five or fewer employees. affiliation with pest control or pesticide industry within
last five years.

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