ALJDEC

97A-212-SPC · Structural Pest Control Commission · 1998-07-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 24, 1998

APPEARANCES: No person or representative on behalf of any of the captioned Licenses appeared for the scheduled hearing. Assistant Attorney General Blair Driggs appeared for the Arizona Structural Pest Control Commission (Commission).

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________

The above matter came on for hearing pursuant to notice duly sent to the parties. Based on the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. The licensed parties cited in the April 16, 1998 Commission’s Complaint and Notice of Hearing were the appropriate parties to be cited in this matter. 2. The Licensees did not appear and did not present any evidence at the hearing in support of an appeal of proposed discipline on the Licenses.

3. The Commission presented credible evidence regarding its findings of chemical pesticide residue [Diazinon and Cynoff] in non target areas and on items which should not have been sprayed. 4. The Commission’s evidence presented supports the factual allegations made in the Commission’s April 16, 1998 Complaint and Notice of Hearing. 5. The Commission’s evidence presented supports the alleged violations in Counts 1, 2, and 3 in the Commission’s April 16, 1998 Complaint and Notice of Hearing. 6. The Commission’s evidence presented supports the allegation of a prior violation such that the Commission may proceed against the business Licensee No. C 4336 B, Weiler’s Pest Control. This evidence consists of Case 92-043 and Case Nos. 93-016 and 93-184, previous decisions and a Consent Agreement, involving business Licensee No. C 4336 B, Weiler’s Pest Control. These prior violations, while at the parameter of the allowable statutory period, are appropriately considered in determining discipline.

CONCLUSIONS OF LAW 1. The Structural Pest Control Commission is the duly authorized authority for the regulation and control of the business of structural pest control in Arizona. 2. The circumstances referred in Count I of the Commission’s April 16, 1998 Complaint and Notice of Hearing constitute a violation of Arizona Revised Statues (A.R.S.) §32-2321.B.2 and Arizona Administrative Code (A.A.C.) R4-29-301.A. 3. The circumstances referred in Count II of the Commission’s April 16, 1998 Complaint and Notice of Hearing constitute a violation of A.R.S. §32-2321.B.2 and A.A.C. R4-29-304.A. 4. The circumstances referred in Count III of the Commission’s April 16, 1998 Complaint and Notice of Hearing constitute a violation of A.R.S. §32-2321.B.2 and A.A.C. R4-29-107.A. 5. The prior violations as determined in Case 92-043 and Case Nos. 93-016 and 93-184, previous decisions and Consent Agreement of the Commission, constitute violations under A.R.S. §§32-2301 and 32-2301.C for which the Commission may proceed against the business Licensee No. C 4336 B, Weiler’s Pest Control. 6. A.A.C. R4-29-104 authorizes the Commission to hold each company, qualifying party and applicator responsible for the acts or omissions of, and for compliance with the state’s applicable laws and with Orders of the Commission, of any person under their supervision. 7. The Licensee’s violations of law constitute grounds on which the Commission may impose disciplinary actions and, further, grounds on which the Commission may impose civil penalties.

RECOMMENDED ORDER Based on the foregoing, the following discipline is recommended in this matter: 1. That WEILERS PEST CONTROL, Business License No. C 4336 B be placed in suspended status for one week, with suspension to begin the date the Commission’s Order is issued. 2. That WEILERS PEST CONTROL, Business License No. C 4336 B be assessed a civil penalty in the amount of FIVE HUNDRED DOLLARS. This civil penalty to be paid to the Commission within thirty days of the Commission’s Order. 3. That JOHN N. WEILER, Holder of Qualifying Party Credential No. 1114 B and Applicator Certificate No. 950436 VII BC be assessed a civil penalty in the amount of FIVE HUNDRED DOLLARS. This civil penalty to be paid to the Commission within thirty days of the Commission’s Order. 4. That CLAUDE V. SINGER, Holder of Applicator Certificate No. 970423 VII B be issued an administrative warning for the determined violation, and be required to obtain three hours of continuing education, over and above that which is already required by statute, in the area of Laws. Proof of this continuing education hours must be submitted to the Commission within ninety days of the Commission’s Order. RECOMMENDED and DATED this day, July 7, 1998.

______________________________________ Kay A. Abramsohn Administrative Law Judge

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

Mr. Michael Siler, Executive Director Structural Pest Control Commission ATTN: Jack Confer 9545 E. Doubletree Ranch Road Scottsdale, AZ 85258

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 PH (602) 542-9826 / FAX 542-9827