Structural Pest Control BoardMay 2000 NewsletterCorporateFranchise Tax | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Use of Toll Free Telephone Numbers Business licensees may use a toll free number associated with the business on the face of any contract, warranty, invoice, termite treatment disclosure document or guarantee and other documents provided to consumers in lieu of or together with the telephone number of the local business address and/or post office box business address. | ConsultantsConsultants may inspect, make identifications, and make recommendations to licensed Texas Pest control Operators without a business license. Consultants performing such services directly to the public, or actually performing such services by the use of insecticides, pesticides, or allied chemicals or substances, or mechanical devices for compensation for the public must obtain a business license and be certified in the categories in which they operate. |
AdoptedSeptember 23, 1999 Changes Effective December 1, 1999
Section 593.5 -Examinations
Sets forth newtime lines and fees for tests.
Section 593.7 - Fees
New fee schedule
Section 593.21- Technician License Requirements
Fee change for application and category
Section 593.24- Criteria and Evaluation of Continuing Education
Fee Change on course teaching and proctoring requirement.
Adopted September 23, 1999 Changes EffectiveSeptember 1, 2000
Section 591.11 - Determination of Administrative Penalties
Changein base penalty categories from 4 to 3, change wording from Hazardous to impacton public.
Section 593.1 - Persons Required to Secure License
Clarification ofDefinitions/Commercial Certified Applicator may be a certified applicator formore than one business license.
Section 593.6 - License Expiration and Renewal
Wording changes to simplify language regarding expiration dates andretraining, changed time period that individual must be licensed as anoncommercial applicator prior to becoming a commercial applicator to 2 years.
Section 593.8 - Loss of Certified Applicator or Business Owner
Section 593.11 - Certified Noncommercial Applicator Restrictions.
Adopted February 15, 2000 Changes Effective June 1, 2000
593.23 - Continuing Education Requirements for Certified Applicators
Clarification of regulation, thenumber of credits that may be obtained from self-study or electronic means is 1per year, revised and relocated course submission criteria to section 593.24.
593.24 - Criteria and Evaluation of Continuing Education
Addition of course criteria from section 593.23, limits approval timeperiod to 2 years with resubmittal after 2 years with changes to course, changedfee for course submission to $40.00 per continuing education unit.
597.1 - Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal toExamine, Refusal to Issue or Renew Licenses.
Addition of further grounds for revocation failure to pay administrative penalty, failure to comply with sections 593.24 or595.11.
597.2- Suspension or Revocation
Clarificationin wording - Added the word Revocation
593.2 - License Application
593.3 - Insurance Requirement
Clarification of word pronounchanges from him/his to applicant; requires application to obtain additionalinsurance if aggregate falls below $300,000 due to payment of claims.
593.4 - Resident Agent
593.5 - Examinations
Clarificationof Wording remove requirement that all exams be given in Austin, removerequirement that must skip a date before retesting, changed termite control totermite and wood destroying insect control, change wood to wood products, manygrammatical changes.
593.9 - Licensing Of Persons With Criminal Backgrounds
593.10 - Licensing of Persons With Delinquent Student Loans
593.13 - Vegetation Management Technician
Entire Regulation Repealed
This year a Technician Training Task Force was formed. The primary directive set forth to this task force was updating andstreamlining of the technician training requirements. The following is a summary of the changes that were proposed. Upon Board approval these changes have a planned effective date ofSeptember 1, 2000.
The number of classroom hours required in the GeneralStandards will change from 22 hours to 20 hours. This was accomplished by combining two of the requiredsubjects (1) Emergency procedures and pesticide cleanup; and (2) Proceduresfor immediate reporting of spills and misapplications.
The On the Job or hands on training per categoryrequirement was decreased from Sixty hours (60) down to forty hours (40) percategory. Additionally, eachindividual seeking to be a licensed technician must also obtain eight hours (8)of classroom training per category - this requirement was decreased from ten(10) hours. Attendance in a Boardapproved technician training course will still be required prior to sitting forthe technician training exams.
After the first year as a license technician, thetechnician will now be required to obtain a minimum of eight hours (8) ofverifiable training per year two hours (2) of which may be either on the jobor hands on. This change will takeapproximately one year to phase in depending on renewal dates of the business.
As always continuing education courses attended will counttowards the per category classroom training requirement on an hour-by-hourbasis. Internet based training,videos, slides, and other training materials can be utilized to provide theannual training required of a licensed technician if the responsible certifiedapplicator verifies that the training provided is appropriate
Some examples of annual verifiable training for techniciansinclude:
There are many combinations of verifiable training that maybe utilized. The ResponsibleCertified Applicator shall keep records of training received and will berequired to provide proof of verification to the Board upon request.
| We have discussed earlier being prepared for emergencies such as leaks and spills but there are other types of situations a trainer would be wise to address in the training process. A good training activity includes posing different scenarios to the service personnel and allow them to state how they would address the situation. The discussion of the group oftentimes reveals there may be more than one solution to a problem, however, with the leadership of the trainer, the preferred method can be identified. | By hearing their solution, the trainer gains a good perspective on how different individuals think. How would your personnel address the following?
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These are just a few examples and you can think of many, many more. There is no way to be prepared for every possible situation but you would be wise to be prepared for the more common and predictable circumstances. |
We spend a lot of time reading contracts as a part ofroutine complaint investigation and find a number of problems. The contract needs to clearly state all of the terms and not leaveanything open to interpretation (by the consumer or the legal system). The terms of the contract needs to state, among other things, what is tobe done by the PCO as well as what is expected of the consumer. Even though this information may be thoroughly discussed during the salespresentation, it is amazing how memories fail or differ whenever a disputearises. It only makes good businesssense to have the necessary particulars included in the written contract. The PCO does not want to be held liable beyond what is agreed tooriginally and neither does the consumer have any legal right to expect any morebut the key here is, what does the contract state. An Investigator relies heavily on the terms of a contract wheneverinvestigating a complaint so, do yourself and all interested parties a favor andmake sure your contract states what you want it to state on the day of sale aswell as at some point in the future. Furthermore,do not leave out important information and assume whoever reads thecontract is just automatically going to know some important piece ofinformation. Dont forget, the reason a customer hired you was becausethey could not take care of a problem themselves. They do not have all the necessary expertise you have and that is the wayyou want it, otherwise, they would not need your services. But, along with that comes a responsibility for you to thoroughlyexplain, both orally during the sales presentation and in writing in thecontract, what is expected from both parties. The written contract should be reviewed with the customer to point outimportant items that were discussed during the oral sales presentation. Most consumers will not take the time to read a written contract unlessforced to do so. It reminds us ofthe old saying about how you can lead a horse to water but you cant makethem drink. That saying is verytrue today but as a person in business,you still need to continue to lead the horse to water. A properly written contract can be one of your best friends while apoorly written contract can be a nightmare.
The SPCB receives some complaints that are both costly tothe company and harmful to the pest control industry by bringing unwanted andunnecessary media attention. Thesetypes of complaints involve an accidental spill or pesticide run-off resultingin a pesticide ending up in a non-target area. The worst thing about these complaints is that most are avoidable. Many of the spills occur simply because equipment has become wornand undetected by the user. Oftentimes, the run-off complaints could have been farless a problem if the operator had only been properly prepared by having thecorrect supplies and training to know what to do in case of an emergency. The pest control company owner/manager has many responsibilities but oneof the more important responsibilities is to keep a constant check on thecondition of the equipment used by their personnel and make sure that allemployees are properly equipped and trained to handle emergencies. A manager must routinely inspect service vehicles and equipment to beassured that worn or damaged equipment is repaired or replaced as necessary. An inspection should also insure that proper clean-upmaterials are present and that all containers are properly labeled. New equipment is costly but a bargain when compared to the cost of payingfor the clean-up of a spill. Weknow of incidents where the PCO was billed for the cost of Haz-Mat operations,disposal of material that was cleaned up and a fee for the use of police andfirefighter equipment including the time of the police officers andfirefighters. One incident occurred simply because the operator ignoredrepairing a small leak that they knew about and continued to use the riguntil one day, it became a larger leak and was reported by an interestedcitizen.
Sometimes, in spite of efforts to monitor andrepair/replace equipment, spills or leaks may still occur. It is at this time that being prepared is the most important. If an operator has beenproperly trained what to do and if they have on-hand the necessary materials,the spill can be kept to a minimum and a thorough clean-up can occur in a timelymanner such that before the situation becomes an incident, it is over. The company and the industry have benefited from prompt, decisive actionand the impact against the environment has been held to a minimum. This positive outcome occurred as the result of the operator beingprepared. Maybe that is what ismeant when it is said that an ounce of prevention (and preparation) is wortha pound of cure.
| To initiate an investigation the consumer must submit either a completed complaint form or a letter outlining the circumstances regarding the complaint to the Structural Pest Control Board office in Austin. Upon receipt of the written complaint, after review of the allegations, the priority is determined: Priority 1 Imminent Health Hazard immediate human exposure or environmental hazard, insurance lapse Priority 2 Health Related recent Human Exposure, fraud, evidence availability time restrictions Priority 3 Non-health related WDI Reports, disclosures, retreatments, licensing. If necessary, Priority 1 complaints may be relayed by telephone to the Board office, and the complaint will be initiated from the telephone conversation based upon the facts presented. At this point the complaint is assigned to an investigator. The complaint is assigned based upon geographic guidelines set by the board. Copies of the written complaint, and any applicable attachments are then forwarded to the assigned investigator. The investigator will contact the complainant to schedule an appointment that will include an interview, and may also involve an inspection if necessary. After the complainant is interviewed, the pest control operator named in the complaint is contacted by the investigator. The PCO is encouraged to provide any documentation or statements that would be helpful to the investigator. This information may be either given directly to the investigator or, upon request, may be mailed to the SPCB office for inclusion in the complaint file. After the investigation has been completed the investigator will submit a written report to the SPCB office stating the facts, evidence found, general observations, and citing any violations, that were noted. The investigator may also include their recommendations concerning the final disposition of the complaint, such as no action, warning letter, administrative penalty, license revocation, etc. A final determination will be made by the General Counsel. | If no violation is found the complaint will be closed with no action. If a violation is found that requires an official warning letter to be issued then that warning letter is issued citing the specific violation and the consequences of future violations. The warning letter becomes a permanent part of the PCO file. If a violation is found that requires an administrative penalty or revocation of licensure is proposed, a letter will be sent to the PCO notifying them of the proposed penalty or revocation of licensure. The PCO will have twenty days to respond by either accepting the penalty and/or revocation., or request an informal meeting with the Executive Director or his designee to discuss the allegations. If the PCO agrees to the penalty and/or revocation, then the Executive Director will execute an Agreed Final order. If an informal meeting is requested, the time and date will be set and a written notification will be sent to the PCO. If an agreement can be reached during the meeting, a consent agreement will be drawn up. The PCO and the Executive Directors signatures will be notarized. If an agreement cannot be reached, then an administrative hearing before the Administrative Law Judge at the State Office of Administrator Hearings will be scheduled. At this hearing, the Structural Pest Control Board will present our evidence to the Administrative Law Judge and then the PCO will be allowed to present his/her evidence. Within 60 days after the hearing, the administrative law judge will submit a proposal for decision to the Structural Pest Control Board for approval. Once the proposal for decision has been approved, a final order will be sent to the PCO notifying them of the decision and advising them of their rights to appeal the decision to the Travis County District Court. Any questions regarding complaints may be referred to Judy Graven, Case Preparation Officer at (512) 451-7200 or email judy.graven@spcbtx.org. |
| September 1999 through March 2000 | ||||
| | Total Tested | Pass | Fail | Percent Passed |
Certified Applicators | 1773 | 1014 | 759 | 57.19% |
| Technicians | 1016 | 770 | 246 | 75.79% |
| Total | 2789 | 1784 | 1134 | 63.97% |
Self-Auditing What is it, and how do I do it? Dianna Offen-Anderson, Newsletter Editor, Austin | ||
| In 1995, the Texas Legislature passed a new law designed to benefit businesses that are required to comply with the state's environmental health and safety laws including the Texas Structural Pest Control Act. This law will allow limited privileges and immunities for businesses that conduct self-audits to determine their compliance with environmental laws. How does this apply to you? In simpler terms what this means is that any business governed by an environmental health and safety law in Texas may perform a self-audit to monitor their own compliance with state laws and receive certain privileges and immunities for any violations found, reported, and corrected. You may choose to have your Self-Audits performed by a contracting company. First of all, certain documents created during a self-audit are not subject to discovery by the Structural Pest Control Board or in civil litigation. Take note, however, that this privilege does not extend to state required documents. All documents found to be in violation must be marked Self-Audit Document in order to be extended immunity. Furthermore, any violations you discover, disclose and correct are not punishable by the Structural Pest Control Board. This immunity does not apply for criminal acts or if there is a pre-existing pattern of disregard for the law or if management policies caused the violation. If you are interested in performing a self-audit at your business the following steps need to be followed:
| 1. Notifying the Texas Structural Pest Control Board in writing (by mail or fax) at least ten (10) days in advance of when you wish to begin conducting a self-audit. A complete self-audit for purposes of complying with the laws and regulations of the Texas Structural Pest Control Board must include the following: Licenses - Are all licenses for the business and employees involved in sales and service correct and in force? Businesses Check Business Name, License Number, Categories of Service, Location Address/ Mailing Address, Responsible Certified Applicators, License Display, TPCL Number on Service Vehicles Certified Applicators - Business Name, Location, Categories, Continuing Education Status, Supervision of Non-Certified Personnel | Technicians - Completed Training Course (by 9/1/96 if licensed before 9/1/91, Supervision of Certified Applicator, Business Name, Location, Categories Apprentice - Date of Hire, Training Records, Training Course Attendance, Business Name, Location, Categories, Supervision by Certified Applicator, On-Site supervision for those with incomplete training Records- Two (2) Years of Use Records, Completeness of Use Records, Warranties/Contracts-Jurisdictional Statement, Pest Control Signs, Consumer Information Sheets, Records for School Contracts, Fumigation Records, Reduced Impact, Inspection & Use Records, Reduced Impact Consumer Information Sheet, Emergency waivers-48 hour Posting and 12 Hour, Re-Entry Termite Procedures- Approved Devices, Treatment Disclosure, Treatment Stickers, Wood Destroying Insect Reports, Inspection Stickers, Fumigation Records Advertising- Standard, Reduced Impact Insurance-In Force, Branch Address, Correct Business License Holder, Certificate Sent to SPCB by Agent Safety - Chemical Storage-Vehicle, Chemical Storage-Office, Personal Protective Equipment, Chemical/Rinsate Disposal, Labels, MSDS Sheets |
Summaryof Administrative Penalties for FY 1999
Judy Graven, Case Preparation Officer, Austin
| Section # | Nature of Violation | Number of Violations | Penalty Amount |
| 593.1 | Operating without a License | 16 | $ 38,823.01 |
| 595.11 | Madrid hotel roomsFailure to Follow Procedures for IPM for Schools | 3 | $ 1,500.00 |
| 595.13 (8) | Advertising in a manner prohibited | 1 | $ 250.00 |
| 597.1 (1) | Misrepresentation, Fraud | 2 | $ 1,000.00 |
| 597.1 (2) | Misrepresentation on License Application | 2 | $ 2,000.00 |
| 597.1 (8) | Use Injurious | 2 | $ 500.00 |
| 597.1 (9) | Failure to Comply with Contract | 3 | $ 1,500.00 |
| 597.1 (11) | Failure to Register Employees | 3 | $ 2,000.00 |
| 597.1 (12) | Use Inconsistent with Labeling | 31 | $ 22,050.00 |
| 597.1 (13) | Failure to Maintain Proper Pest Control Use Records | 13 | $ 1,500.00 |
| 597.1 (17) | Failure to File Change of Address with Board | 1 | $ 1,000.00 |
| 597.1 (19) | Failure to Adequately Supervise Employees | 3 | $ 2,400.00 |
| 597.1 (21) | Failure to Maintain Proper Insurance Coverage | 11 | $ 6,000.00 |
| 597.1 (23) | Failure to Maintain Training Records | 1 | $ 500.00 |
| 599.3 | Improper Pre-Construction Termite Treatments | 14 | $ 39,000.00 |
| 599.4 | Failure to Provide Completed/Accurate Termite Treatment Disclosure Documents | 8 | $ 4,800.00 |
| 599.5 | Failure to Follow Proper Inspection Procedures | 8 | $ 5,500.00 |
| 599.7 | Failure to Post Notice of Inspection | 1 | $ 500.00 |
| | Totals | 122 | $130,823.01 |
Have You EverWondered?
When a pest control company buys another pestcontrol company are separate business licenses required?
If the company is only purchasing the accounts and equipment andwill not be maintaining a separate location or separate phone number thenseparate business licenses are not required.
If the company is purchasing the name as well as the accounts andequipment and plans to continue to operate under that name then separatebusiness licenses are required.
If the company is purchasing only the accounts and equipment butplans to continue to maintain the telephone numbers of the company purchased, nomatter how the line is answered or forwarded, separate business licenses arestill required.
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