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3. Consumer benefit.
a. For a wood-destroying insect inspection, indicate whether: MOSQUITO a. Consumer education. 1 MOSQUITO
i. There was evidence of infestation, conditions conducive to
infestation, or damage present; b. Make consumer whole. 2
ii. Treatment was performed for an infestation, and c. Extend warranty. 3
iii. Corrective actions were taken for conditions conductive or dam- 4. Other benefits.
age present; a. Training (CEU). 1
d. For a pretreatment, new-construction treatment, or post- b. Equipment (modification or new). 2
construction preventative treatment to establish an exterior vertical c. Purchase and use of computer for TARFs. 3
barrier, indicate: D. Civil penalty. To calculate the civil penalty, the Director shall:
i. Chemical used and its EPA registration number, 1. For total point values of 6-10, multiply the value by $100 and
ii. Amount of chemical used, Photo Courtesy of UNIVAR then subtract $500. Photo Courtesy of UNIVAR
iii. Percentage of active ingredient in the chemical used, and
iv. Square and linear footage treated; and 2. For total point values of 11-15, multiply the value by $100 and
e. For a post-construction corrective termite treatment, indicate: then subtract $600.
i. Type of treatment, 3. For total point values of more than 16, assess the maximum penalty of $1000.
ii. Target organism, E. Other penalties. In addition to assessing a civil penalty, the Director:
iii. Chemical used and its EPA registration number, 1. For any total point value, may require extra continuing education.
iv. Amount of chemical used, and 2. For total point values of 6-11, may impose probation requirements.
v. Percentage of active ingredient in the chemical used.
E. If the Commission requests a record from a business licensee as a result of the Commission 3. For total point values of 12-17, shall impose probation requirements and may suspend the
determining there is an emergency endangering the health or safety of an individual, animal, or license, certification, or registration.
the environment, the business licensee shall provide the record to the Commission within one 4. For total point values of 18 or more, shall suspend or revoke the license, certification, or
hour. registration.
F. Upon written request by the Commission, a business licensee shall make the records 5. May take any other action permitted by law, including imposing probation requirements
required under this Section available for review by the Commission. The business licensee after a suspension ends.
from whom records are requested shall make the records available to the Commission within
24 hours or by a later date specified by the Commission. The business licensee shall make the R4-29-607 to R4-29-609. Renumbered
records available at the Commission office by hand delivery, electronic mail, mail, or fax. The
business licensee shall be available to interpret the submitted records if requested by the
Commission. ARTICLE 7. Renumbered
G. If a business licensee cannot timely comply with a request made under subsection (F), the
business licensee shall immediately provide written notice to the Commission, indicate the R4-29- 701 to R4-29-703 Repealed
reason for noncompliance, and request greater specifity regarding the information to be made
available or additional time in which to comply. R4-29-704 Renumbered
H. The Commission shall:
1. Modify the request made under subsection (F) if the Commission determines that the request R4-29-705. to R4-29-707 Repealed
lacks specificity necessary for a reasonable person to understand what is requested, or
2. Provide additional time to respond to the request made under subsection (F) if the R4-29-708. Renumbered
Commission determines the information requires more time to obtain and the request for more
time is not solely for delay.
I. Under A.R.S. § 32-2321 (B) (See page 145), failure to comply with this Section is grounds for
disciplinary action.
ARTICLE 7. INSPECTIONS; INVESTIGATIONS; COMPLAINTS; DISCIPLINARY
PROCEDURES
R4-29-701. General Provisions
A. A party to a proceeding involving the Commission may be self-represented or represented
by an attorney licensed in Arizona.
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