ALJDEC

97A-120-SPC · Structural Pest Control Commission · 1998-02-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 20, 1998 APPEARANCES: Blair Driggs, Assistant Attorney General, on behalf of the State No one appeared on behalf of any of the captioned Respondents ADMINISTRATIVE LAW JUDGE: Allen W. Reed _____________________________________________________________________

FINDINGS OF FACT On May 2, 1995, the Qualification of Curtis Sepulveda (Sepulveda), was revoked by the Arizona Structural Pest Control Commission (Commission). Sepulveda was the Qualifying Party for the business licensee, Respond Termite and Pest Control (Respond). Sepulveda has not re-qualified and Respond has not been licensed since the revocation In February, 1997, Commission Inspector Vince Craig (Craig), received information from an anonymous source that Respond was performing pest control services. Craig went to an address which had been given by the anonymous caller and was told by the occupant of the home that he was unaware of any termite services being performed. The homeowner directed Craig to a property management company. Craig contacted Manny Gauna (Gauna), of Tiempo Property Management (Tiempo). Gauna provided records showing that Steven J. Aguilar (Aguilar), a former registered employee of Respond, had entered contracts on behalf of Respond, to provide pest control services (roaches, ants, silverfish, mice. spiders, crickets) for various properties, including property in Tucson Arizona, which were managed by Tiempo. Additional records provided by Gauna, showed that between May, 1995 to February, 1997, Respond had provided, and been paid for monthly services to Guadalupe Barrio Nuevo, in the amount of $5,906.00. Aguilar was not licensed, certified or otherwise qualified by the Commission. Later in February, 1997, Craig received information that Respond would be doing a post construction termite treatment in Carefree. On March 2, 1997, Craig went to 8801 East Havasupai in Scottsdale, Arizona and observed Sepulveda arrive in a vehicle marked “Respond”. Sepulveda trenched, drilled into the stem wall and injected a substance later determined to contain termiticide. After a few minutes, Craig, who had been video taping Sepulveda, identified himself to Sepulveda who then left the premises. Craig took a soil sample of the treated area and sent the sample to the Department of Agriculture. The sample was positive for chemicals used in termiticide. A complaint was made out for the above mentioned activities of Aguilar and Sepulveda. Copies of the complaint were sent to Aguilar and Sepulveda. Only Sepulveda responded (in writing). His explanation for providing the termite treatment was that he had done a prior treatment for this customer and it was still under contract (warranty). The customer was on a fixed income and he (Sepulveda) did the treatment without charge. Sepulveda also asserted that he had no connection with, or knowledge of, the activities of Aguilar.

CONCLUSIONS OF LAW Count one of this Complaint concerns A.R.S. §32-2321(B)(2), (violation of chapter 22, a rule or order of the Commission), A.R.S. §32- 2325(1) engaging in the business of structural pest control or pest control advisor without a license. Count two of this Complaint concerns A.R.S. §32-2328(B)(1), the Commission may issue a cease and desist order in relation to an unlicensed structural pest control business or unlicensed pest control advisor, and (B)(2) impose a penalty of $500.00 for the first offense, against an unlicensed pest control business or unlicensed pest control advisor. The evidence establishes that Aguilar and Sepulveda were independently engaged under the business name of Respond, in the “business of structural pest control”, as defined by A.R.S. §32-2301(5) and were not licensed, certified or otherwise qualified to engage in said business, by the Commission. This constitutes a violation of A.R.S. §32-2325(1) and subjects Aguilar and Sepulveda on behalf of Respond, to the sanctions set forth in A.R.S. §32-2328(B)(1) and (2). RECOMMENDED ORDER In view of the foregoing, it is recommended that upon the effective date of the Order entered in this matter that the Commission issue Cease and Desist Orders to Steven Aguilar acting on behalf of Respond Termite and Pest Control and to Curtis E. Sepulveda acting on behalf of Respond Termite and Pest Control, to immediately cease business of structural pest control operations; It is further recommended that a civil penalty of Five Hundred ($500.00) Dollars pursuant to A.R.S. §32-2328(B)(2), be assessed against Steven Aguilar - Respond Termite and Pest Control, for engaging in the business of structural pest control, which civil penalty shall be payable on the effective date of the Order entered in this matter. Done this day, February 23, 1998.

_______________________________ ALLEN W. REED Administrative Law Judge

Original transmitted by mail this ____ day of February, 1998, to:

Mr. J.H. "Bud" Paulson, Executive Director Structural Pest Control Commission ATTN: Jack Confer 9535 East Doubletree Ranch Road Scottsdale, AZ 85258

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826