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ii.verification by the department to the commission of the applicant's experience in pest control work.

E.Any applicant who is not approved by the commission to take the examination will be notified of the commission’s decision. An applicant who has not been approved by the commission to take an examination will not be admitted to the examination.

F....

G.Examinations will be given once during each quarter of the year by the director or the secretary only at the times or places which have been previously announced for each quarter.

H. - I.

J.An applicant shall be disqualified from completing an examination or taking any other examination administered under these rules and regulations if the applicant is caught or found to be cheating on an examination or using any written materials, electronic devices, or other means during an examination, which have not been authorized or allowed by the director or person administering the examination.

1.Any such applicant shall not be allowed to finish the examination and shall receive a score of zero. If an applicant finished the examination prior to the discovery of the cheating or use of unauthorized written materials, electronic devices, or other means the applicant's examination shall be voided and the applicant shall receive a score of zero.
2.Any applicant who is not allowed under this Subsection J to finish an examination, or whose examination is voided, or who is disqualified from taking the examination or any other examination administered under these rules and regulations may appeal the action to the commission.
i.The appeal must be in writing, state the grounds for the appeal, and filed with the director or secretary within 30 days of the date of the action complained of.
ii.The appeal will be placed on the agenda for the next meeting of the commission and the applicant will be notified of the date and place of the next meeting.
iii.The appeal will be decided by the commission. The decision of the commission shall be the final administrative decision in the matter.
iv.An appeal from the decision of the commission shall be in accordance with the Administrative Procedure Act.
v.The action or administrative decision shall become final if no appeal is timely filed at any step in the proceedings or if the action is upheld on appeal.
3.During the pendency of any appeal or during the time limit for the filing of any appeal the applicant shall not be allowed to take any examination administered under these rules and regulations.
4.If the action or administrative decision is not appealed or is upheld on appeal then the applicant shall not be allowed to take or re-take the examination or any other examination administered under these rules and regulations for a period of three years from the examination date without the approval of the commission given at a meeting of the commission.

K.Each applicant shall be sent written notification of his or her examination results within 30 days after completing of the examination.

AUTHORITY NOTE:Promulgated in accordance with R.S.3:3366, 3:3368 and 3:3369.

HISTORICAL NOTE:Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:326 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:955 (November 1989), LR 35:

§113.Registration of Employees; Duties of Licensee and Registered Employee with Respect to Registration; Examinations

A. - D.3.

E.An employee's registration certificate shall be issued within 20 working days after the department receives the completed registration form or the technician has successfully passed the examination, whichever is later.

F.The requirements for the examination are as follows.

1.Each employee requesting to take the examination will be notified by the department of the date, time, and location of the next available examination.
2.The minimum score required for successful completion of the examination is 70 percent.
3.The consequences and procedures that apply as a result of cheating on an examination or using any written materials, electronic devices, or other means during an examination, which have not been authorized or allowed by the director or person administering the examination are the same as are provided for in §109.J of this Chapter.
4.Each technician who did not successfully pass the examination will be notified of the results in writing within twenty working days after the examination.

G..Each registration certificate is personal to the holder and may not be transferred to another for any purpose or for any period of time and may not be utilized in any way by any person other than the registered employee whose name appears on the certificate.

H.A registration certificate is valid only while the registered employee remains under the supervision of the licensee making application for the employee's registration certificate.

I.The licensee must require the registered employee to sign the registration certificate, in the presence of the licensee, within five days after the licensee receives the registration certificate from the department.

J.A registered employee must have his registration certificate in his possession at all times while engaging in pest control work and must display his registration certificate upon reasonable request by any employee of the department and to any person for whom pest control work is being performed.

K.A registered employee may perform pest control work only in the phase of pest control work for which he is registered.

L.Upon termination of a registered employee, the licensee must secure the employee's registration certificate, notify the department of the employee's termination and return the registration certificate to the department within five working days after the termination.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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