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M.If the licensee is unable to retrieve the registration certificate of a terminated employee, the licensee must notify the department of the employee's termination within five working days after the termination and provide written reasons for the failure to retrieve the terminated employee's registration certificate.

N.Each employee and/or registered technician shall remit to each employer all funds collected in connection with structural pest control work performed by the employee.

O.Each employer shall pay each employee and/or registered technician in accordance with the terms of the employment agreement between them.

P.Each employer shall withhold from the pay of each employee the amounts which employers are required to withhold from employees by applicable state and federal laws.

Q.Each employer shall keep complete records at the place of business establishment of all structural pest control work performed for a period of at least two years. These records shall include the address of the structure treated, the name of the technician who performed the treatment, the name of the person for whom the treatment was performed, and the common name of the pesticide applied.

R.Each registered technician shall participate in a continuing education program as a condition of maintaining his or her status as a registered technician at least once annually (July 1 to June 30).

1.Each continuing education program must be approved in advance by the department.
2.Each continuing education program must be a minimum of one hour in length per category in which the technician is registered.
3.Documentation of the technician attendance and participation must be forwarded to the department and a copy retained at the technician's place of employment.
4.Any registered technician who fails to attend may be called to a commission hearing.

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 11:327 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:956 (November 1989), LR 32:797 (May 2006), repromulgated LR 32:1016 (June 2006), LR 34:

§141.Minimum Specifications for Termite Control Work

A.The commission's annual listing of chemicals approved for termite control work shall remain in full force and effect until superseded by a publication of a subsequent full listing.

1.All chemicals registered by the EPA and the department are approved by the commission, but only at the chemical compositions approved by the EPA.
2.The commission will issue an annual listing of chemicals approved by the commission for termite control work. The listing shall become effective upon publication in the Potpourri Section of the Louisiana Register and shall remain in effect until changed by the commission. The
commission may supplement its listing whenever any new chemical is approved for termite control work and may also remove a previously approved chemical from its approved listing by publication in the Potpourri Section of the Louisiana Register. Upon publication of the listing of chemicals approved for termite control work, all previous listings shall be repealed. The commission delegates to the assistant commissioner the responsibility for publication of the list of chemicals approved by the commission.

A.3. - L.3.

AUTHORITY NOTE:Promulgated in accordance with R.S. 3:3366.

HISTORICAL NOTE:Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:330 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:958 (November 1989), LR 20:644 (June 1994), LR 21:931 (September 1995), LR 23:1285 (October 1997), LR 25:235 (February 1999), LR 25:1620 (September 1999), LR 26:2437 (November 2000), LR 27:1180 (August 2001), LR 29:1063 (July 2003), LR 30:1145 (June 2004), repromulgated LR 30:1614 (August 2004), LR 35:

Family Impact Statement

The proposed amendments to Louisiana Administrative Code, Title 7, Part XXV, Chapter 1, (LAC 7:XXV.101, 103, 109, 113 and 141), 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 should not have any known or foreseeable impact on any family as defined by R.S. 49:972(D) or on family formation, stability and autonomy. Specifically there should be no known or foreseeable effect on:

1.the stability of the family;
2.the authority and rights of parents regarding the education and supervision of their children;
3.the functioning of the family;
4.family earnings and family budget;
5.the behavior and personal responsibility of children;
6.the ability of the family or a local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments, data, opinions, and arguments, whether for, against, or regarding these proposed regulations. Written submissions are to be directed to Larry LeJeune, Director of Pesticides and Environmental Programs, at the Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no later than 9 a.m. on December 1, 2008. A public hearing will be held on these proposed amendments on December 1, 2008 at 10 a.m. at the address listed above.

No preamble regarding these proposed regulations is available.

Mike Strain, DVM

Commissioner

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Administration, Applications and Examinations

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

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