civil liability for agritourism activities has not produced any factual data. It is estimated that agritourism professionals may find it easier to obtain liability insurance and that some claims may be successfully defended based on R.S. 9:2795.5.
IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)
There is estimated to be no significant effect on competition and employment.
Robert E. Hosse
Legislative Fiscal Office
NOTICE OF INTENT
Department of Agriculture and Forestry
Structural Pest Control Commission
Administration, Applications and Examinations (LAC 7:XXV.101, 103, 109, 113 and 141)
In accordance with the Administrative Procedures Act, R.S. 49:950 et seq., and R.S. 3366, the Department of Agriculture and Forestry, Structural Pest Control Commission, (Commission) proposes to amend regulations to change the secretary of the commission, amend requirements for applicants to obtain affidavits of experience, provide for disqualification of applicants based on failure to pass or for cheating on an examination, provide for an appeal from such disqualification, and make technical language changes.
The commission deems the implementation of these rules and regulations necessary to define the secretary of the commission as the Assistant Commissioner of Agricultural and Environmental Sciences, to define the word "department," provide applicants a method to verify employment or experience where supervisors refuse or are no longer available to make such verifications; to close a loop hold that would allow an applicant who failed to pass an examination to still obtain a license or registration; to provide for the consequences of cheating on exams for licensing and registration, with provisions for appealing a disqualification for that reason; and to make technical changes that clarify or simplify the rules.
These rules comply with and are enabled by R.S. 3:3366.
AGRICULTURE AND ANIMALS
Part XXV. Structural Pest Control
Chapter 1.Structural Pest Control Commission
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Department―the Louisiana Department of Agriculture and Forestry.
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Secretary or Secretary of the Commission―the Assistant Commissioner of Agricultural and Environmental Sciences (assistant commissioner).
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AUTHORITY NOTE:Promulgated in accordance with R.S. 3:3362 and 3:3366.
HISTORICAL NOTE:Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:323 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission LR 15:954 (November 1989),
17:251 (March 1991), LR 23:855 (July 1997), LR 30:1143 (June 2004), amended by the Department of Agriculture and Forestry, Office of Agriculture and Environmental Sciences, LR 31:26 (January 2005), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 32:796 (May 2006), repromulgated LR 32:1015 (June 2006), amended LR 33:39 (January 2007), LR 35:
§103.Administration of the Affairs of the Commission; Adoption of Rules and Regulations
A.As provided by R.S. 3:3364, the commissioner or his designee shall serve as permanent chairman of the commission.
B.The assistant commissioner shall serve as secretary of the commission.
C. - Q.…
AUTHORITY NOTE:Promulgated in accordance with R.S. 3:3364 and 3:3366.
HISTORICAL NOTE:Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:325 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 20:644 (June 1994), LR 35:
§109.Licensee Examination; Contents of Application; Examination
A.An application for examination for licensure may be made at any time by filing a complete application, on forms provided by the commission.
C.Each applicant for examination shall pay a nonrefundable fee of $50 per examination upon the commission's approval of the applicant's application for examination.
D. - D.3.…
4.proof of practical experience in pest control work:
a.upon request of the commission, the applicant shall submit from the said supervising licensee, a written statement that the jobs have been participated in by the applicant under his supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work;
b.experience in pest control work. Information to be provided includes, but is not limited to, business name and address where employed under supervision, name of the licensee providing supervision to the applicant and evidence of registration while in the claimed employment. Applicants seeking licensure on the basis of experience must provide a notarized statement from the licensee who supervised the applicant, attesting to the period of supervised employment and the capacity in which the applicant was employed, said affidavit to be executed on a form to be provided by the department;
c.if at the time of application, the licensee who provided supervision is deceased, his whereabouts are unknown, or fails or refuses to supply the statement, affidavit, or both, required under Subparagraphs a and b above, then the commission may waive the requirements for such statement, affidavit, or both upon:
i.submission by the applicant of a notarized statement signed by the applicant that the licensee who provided supervision is deceased, his whereabouts are unknown, or fails or refuses to supply the statement, affidavit, or both, required under Subparagraphs a and b above, and
Louisiana Register Vol. 34, No. 10 October 20, 2008