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Chapter 620-3 LICENSING

Rule 620-3-.01 Qualifications and Procedures

(1) All applications for licenses, certification and employee registration shall be made on the appropriate form required by the Commission and submitted to the Secretary, Structural Pest Control Commission, Georgia Department of Agriculture, Capitol Square, Atlanta, Georgia 30334.
(2) All licenses, certifications, employee registrations, and research fees, shall be for a period of two (2) years or fraction thereof and shall expire on June 30 in each odd numbered year. The two (2) year fee must be submitted, by check, money order or electronic fund transfer, with the application in the appropriate amount based upon the following:

Company License

$100.00

Research Fee per Company License

$70.00

Operator Certification

$100.00

Employee Registration

$10.00

Duplicate Registration Card

$10.00

Duplicate License (Sub Office)

$10.00

If an application and fee for renewal of any license, certification or employee registration is not received by the Secretary on or before its expiration date, the above fees shall double and shall be paid before a renewal is issued. No Company License shall be issued or renewed for any license period until the research fee has been paid, and the research fee shall not be subject to any late penalty. In no case shall a certification or license be renewed after more than ninety (90) days from the June 30 expiration date without reexamination or reapplication, nor shall any license be renewed or reissued within the two (2) year license period without payment of the double fee. When the research fees collected for any two year license period amount to $90,000, the Secretary shall forward such amount to the Chairman of the Entomology Division of the University of Georgia, covering $45,000 for each of the two fiscal years within that license period.

(3) Application for certification examination shall be submitted to the Secretary. An examination fee of forty five (45) dollars per category shall be required each time an examination is taken. If applicant fails part or all of the initial examination, he may retake the failed part(s) of the examination, upon reapplication and payment of another forty (45) dollars per category fee. If applicant fails the second examination, he may not subsequently retake the examination until one full year has elapsed since the examination was last taken. The payment of all examination fees shall be by check, money order or electronic fund transfer.
(4) Before being approved for taking the examination, the applicant must provide the Commission with satisfactory evidence of his or her qualifications including one of the following:
(a) Two (2) years of actual service experience as an employer, employee or owner-operator in the Structural Pest Control category(ies) in which certification is sought. One (1) year shall have been within the last five (5) years. Specialized category training under university or college supervision may be substituted for practical experience at the ratio of one year of training for one-fourth year experience. Applicants for examination in the category of fumigation shall submit a list, with the application for examination, of at least 6 fumigation treatments in which the applicant participated.
(b) A degree from a recognized College or University with advanced training or a major in entomology, sanitary or public health engineering, or related subjects and one (1) year of actual service experience within the last five years under appropriate supervision in the category(ies) in which certification is sought.
(5) Any person whose certification has previously been suspended or canceled for any reason other than failure to earn the required hours of recertification training credit shall apply in person to the Commission before he or she may retake the examination.
(6) Applicants shall demonstrate competency in the use and handling of pesticides as determined by an appropriate and written examination, covering standards set forth in Title 40 of the Code of Federal Regulations, Paragraphs 171.4(b), 171.4(c)(7), and 171.6, as applicable by scoring a grade of at least seventy (70%) on the general section and each category section in which certification is sought.
(7) All licenses shall be displayed in a conspicuous place in the licensed office and the duplicate in the sub-office. All operators and employees shall carry their certification and registration cards on their person at all times when they are soliciting or performing pest control.
(8) A person who has passed the examination(s) must apply for and complete the requirements for certification within ninety (90) days of the date he or she is notified of passing the examination(s), otherwise, reexamination will be required.

Rule 620-3-.02 Responsibilities of the Licensee; Certified Operator; and Employee

(1) Each licensee shall designate a Certified Operator for each operational category, who may be the same person if certified in multiple categories, who shall be an employee of the licensee and be in charge of and actively participate in providing adequate personal supervision in the pest control operations of each office and any sub-offices with a duplicate license but are not limited to proper training of employees, review of paperwork for the operation for accuracy including but not limited to The Official Waiver of the Minimum Treatment Standards for the Control of Subterranean Termites and Official Georgia Wood Infestation Inspection Reports, reviewing proper pesticide application volumes, and ensuring the proper use, storage and disposal of pesticides, subject to the following:
(a) The licensee shall be responsible for the actions of its Designated Certified Operator. No Certified Operator may serve as Designated Certified Operator for more than one licensee except as provided in Rule 620-3-.02(1)(b) below.
(b) No pesticide application may be made by a licensee without a Designated Certified Operator. If a licensee loses a Designated Certified Operator through an unplanned separation or event of crisis, other than the intentional or forced transfer of a Designated Certified Operator from one licensee or office to another, the licensee shall notify the Commission immediately. A licensee who has lost his Designated Certified Operator may obtain the services of a Certified Operator who is in the employment of another licensee, and who may serve as the Designated Certified Operator for both licensees for not more than ninety (90) days. The licensee shall notify the Commission immediately of the dual service of such Designated Certified Operator.
(c) If the residence of the Designated Certified Operator is not within normal commuting distance or is more than 100 miles from the office or sub-office he is supervising, or if the Designated Certified Operator is employed in more than one (1) occupation, the Commission may require such Designated Certified Operator to appear in person or furnish information in writing to show that he or she is personally directing, supervising and controlling the pest control activities of the licensee.
(d) The Licensee shall permanently mark all the Licensee's vehicles and mobile equipment used regularly for sales and service, in bold-print letters not less than two (2) inches in height and on contrasting background, with the following information:
1. The name of the Licensee

The Licensee shall insure that all privately owned vehicles and mobile equipment, during use for sales and service on behalf of the Licensee, are identified by the same information as required for the Licensee's vehicles by permanent markings firmly attached to the outside or prominently displayed inside the privately owned vehicle.

(e) The Licensee shall be responsible for registering all non-certified employees involved in the solicitation or performance of pest control work with the Secretary. No employee shall be allowed to solicit any business or perform any pest control work except in the presence of a certified operator or another registered employee until such employee has satisfied all requirements for employee registration or reregistration as set forth below:
1. Ten (10) hours of classroom training approved by the Commission and presented by a currently certified operator or other person whom the Commission has determined to be competent to deliver training in the following areas:
(i) State and Federal laws and regulations.
(ii) How to read and interpret a pesticide label.
(iii) Handling of emergencies and spills, including signs and symptoms of common types of pesticide poisoning, emergency practical treatment for pesticide exposure, how to obtain emergency medical care and decontamination procedures.
(iv) Proper methods of storing, mixing, loading, transporting, handling, applying and disposing of pesticides.
(v) Safety and health issues including proper use of personal protective equipment, hazards posed by the toxicity and exposure of pesticides, including acute and delayed reactions and routes of exposure.
(vi) Potential adverse effects caused by various climatic or environmental conditions such as drift, run off, and groundwater contamination.
2. Seventy (70) hours of on-the job experience under the constant personal supervision of a currently certified operator or a currently registered employee in the category(ies) in which registration is sought, or another person whom the Commission has approved as competent to supervise such experience.
3. Documentation of applicant's training and on-the job experience by category. Such documentation shall be on a form prescribed by the Commission and such form shall be executed by the certified operators, registered employees or other persons providing such training and experience.
4. A score of at least seventy (70) percent on a written examination covering the classroom training. Examinations will be administered by the Commission or their authorized representatives. Any applicant who fails the written examination the first time may retake the examination at any subsequent testing session. Any applicant who fails the third or any subsequent examination must repeat the classroom training, but shall not be required to repeat the on the job experience before retaking the written examination. An examination fee of forty five (45) dollars shall be required of the Licensee each time an employee takes the written examination.
5. Payment by the Licensee of a registration fee of ten (10) dollars to the Secretary within ninety (90) days of notification of passing the examination(s), otherwise reexamination will be required.
6. Issuance of an employee registration card by the Secretary. While waiting for the issuance of the registration card, an applicant may act as a registered employee for a period not to exceed 15 business days after notification of a passing grade and after payment of the registration fee by the Licensee until the registration card is received. In the event that a registration card is lost, a duplicate card may be issued by the Secretary for a ten (10) dollar fee.
7. Issuance of a new card by the Secretary for an employee who is employed by a new firm but who has previously satisfied the classroom training, on the job experience and other requirements for initial registration and is currently registered as an employee with another licensee. Fee for issuance of such a registration card will be ten (10) dollars.
8. All employee registrations shall expire on June 30 of each odd numbered year unless the registered employee has earned the hours of recertification training per category approved by the Commission prior to March 1 of each odd numbered year. The registration of any employee who becomes registered after October 1 of any even numbered year shall be eligible for renewal for the succeeding two year period without earning the required recertification hours. The Licensee shall pay the renewal fee of ten (10) dollars to the Secretary by June 30 for any employee who has earned the hours of approved training required, or who is otherwise eligible for renewal. Any renewal fee paid July 1 through September 30 shall be twenty (20) dollars. Any employee who fails to renew registration before October 1 must complete all requirements for initial registration before being registered again. The hours of Commission approved training required for reregistration for each two year period shall be:

Household Pest Control 8 hours

Wood Destroying Organisms 8 hours

Fumigation 3 hours

Computer based training shall be limited to no more than 4 hours for Household Pest Control, 4 hours for Wood Destroying Organisms, and 1 hour for Fumigation.

9. The Licensee shall notify the Secretary of employees involved in the solicitation or performance of pest control work who fail to become registered within 30 days of employment.
(f) Upon completion of every application of pesticide for structural pest control and upon the installation or modification thereof of any termite control system protecting a structure, the Licensee shall be responsible for providing to the owner, resident, or custodian of the property, a legible pesticide use record. The Licensee shall keep true and accurate records of all pesticide use. Such records shall be retained for a minimum period of two (2) years, shall be made available to the Commissioner or his authorized representative upon request in a reasonable amount of time, as defined in rule 620-2-.01(aa), and shall include all of the following information:
1. Customer name
2. Address of property treated
3. Name and telephone number of company
4. Name of applicator and registration or certification number
5. Specific area(s) treated
6. Brand name of pesticide product or system applied/installed
(i) EPA Registration number of the pesticide product or system applied/installed
(ii) Amount of pesticide or other material applied
(iii) Concentration of pesticide or other material applied
(iv) Method of application of the pesticide product or system applied/installed
7. Target pest(s) for which product was applied
8. Application date
9. Any post-application precautions which must be followed
10. Application start and completion times noting AM or PM for non-residential applications such as institutions, schools and non-residential commercial facilities.
(g) The Licensee shall provide a written and/or an electronic pesticide use record to the resident or custodian of the property. If an electronic record is provided, the property owner or custodian of the property must complete the electronic communication acknowledgement form. The form must be maintained either for as long as the contract remains in effect or for two (2) years past the expiration of the contract.
(h) The Licensee shall notify the Secretary in writing, within ten (10) days of any change of address or the opening or closing of any office.
(i) All licensees and certified operators shall furnish, to the Commission or the Commissioner upon request in a reasonable amount of time, any information relating to application for examination, affidavits for renewal, information on methods or materials used and such other information as may be required by the Commission or Commissioner.
(j) All certified operators shall be responsible for giving appropriate written or oral instructions to all persons working under their direct supervision relating to selection and use of appropriate pesticides, including proper formulation, dilution, dosages, and use precautions. Every employee shall take all reasonable measures to insure that pesticides are applied in such a manner to avoid accidental injury or poisoning of humans and domestic animals, including, but not limited to, the removal and proper disposal of any spilled pesticide, and the proper disposal of unused pesticides and pesticide containers. All service vehicles shall contain a spill control kit that shall include an adequate amount of absorptive material to absorb the largest potential spill that is likely to occur from the use of that vehicle.
(k) No uncertified person may lawfully apply, under any circumstances, any restricted use pesticide or any State restricted pesticide use unless a certified operator is present at the application site at time of application. The certified operator must also hold a certification in the appropriate operational category.
(l) All applications of pesticides other than pesticide products which are applied in enclosed stations in compliance with registered product label and labeling directions, by a Licensee to outdoor areas when associated with inside structural applications and extending more than ten (10) feet from the structure shall be subject to the following requirements:
1. At the time of application, the Licensee shall be responsible for posting a sign at the primary point(s) of entry to the treated area(s).
2. Sign specifications shall include:
(i) The sign shall be at least 4" x 5" in size and made of sturdy, weather resistant material.
(ii) The printing shall be in contrasting colors to the background of the sign.
(iii) The bottom edge of the sign shall be eight (8) to twelve (12) inches above the ground.
(iv) The wording and format must include but need not be limited to the following:


                image: ga/admin/2021/620-3-02_002.png

"CAUTION" 72 point

11/16"

"PESTICIDE APPLICATION" and "KEEP OFF"

30 point

9/32"

SYMBOL 2"

"THIS SIGN..." 11 point

3/32"

(m) Use and labeling of service containers for transportation or temporary storage of pesticides: the contents of service container is required to be identified by including the brand name and EPA registration number of the product on the service container. The label of a pesticide product that is in a service container must be available to the person handling and/or applying the pesticide.

Rule 620-3-.03 Recertification

As a condition for biennial renewal of operator certification under the Act, all certified operators shall be subject to recertification every five (5) years under the standards contained in Title 40, Code of Federal Regulations, 171.4(b),171.4(c)(7) and 171.6, as applicable. Certified Operators shall complete one of the following requirements prior to expiration of the five (5) year certification period:

(a) Accumulate hours of creditable training at the rate of twenty five (25) hours in Wood Destroying Organisms, twenty five (25) hours in Household Pest Control, and twelve (12) hours in Fumigation. Such creditable training may consist of Commission approved seminars, short courses, workshops or other privately or publicly sponsored training programs that cover changes in technology and other subject matter necessary to insure continued operator competence. Computer based training shall be limited to no more than 10 hours for Wood Destroying Organisms, 10 hours for Household Pest Control, and 5 hours for Fumigation. All creditable recertification training must be completed at least ninety (90) days prior to the expiration date of the operator certification.
(b) Pass a written examination.

Rule 620-3-.04 Revocation of License, Certification or Registration

(1) A license, certification or registration may be suspended, canceled or revoked by the Commissioner, after notice and hearing, in accordance with requirements of the Georgia Administrative Procedure Acts for any violation of the Act or any rule promulgated thereunder, including, but not limited to:
(a) Misrepresentation for the purpose of defrauding, deceiving, or defrauding another;
(b) Making a false statement with knowledge of its falsity for the purpose of inducing another to act thereon to his detriment;
(c) Using methods or materials that are not suitable; or using any pesticide in a manner inconsistent with its labeling or other restrictions imposed by the Commission or Commissioner;
(d) Failing to give the Commission or the Commissioner or his authorized representative, upon request, true information regarding methods and materials used, work performed, or other information essential to the administration of the act.
(2) The certification of any certified operator who fails to renew as required by Section 620-3-.03 shall become revoked through operation of law upon the date of expiration of the certification.

Rule 620-3-.05 Repealed