(a)

1. (1)

   1. (A) All license holders in Classification 1 shall issue a signed contract, along with a complete plot or diagram showing the location of visible damage, active or previous infestation, and an outline of the work to be carried out on each job performed for the prevention, control, or eradication of termites and other structural pests, including soil pretreatments and letters of clearance.
   2. (B) Effective July 1, 2013, all plots or diagrams (graphs) shall have imprinted, on the face, a legend or key containing symbols of the license holder’s choice clearly identifying, at a minimum, the following conditions:

(i) Termite activity;

1. (ii) Termite damage;

   1. (iii) Powder post beetles; and

      1. (iv) Powder post beetle damage.
2. (2) Said contracts must guarantee the performance of work for a period of not less than one (1) year and clearly state, on the face of the contract, the name and Environmental Protection Agency registration number of the chemical used, if repairs of damage are included, or if the license holder’s liability is limited to retreatment only for the control of termites under the guarantee.
3. (3) License holders must submit a legible copy of all contracts to the Department of Agriculture for review prior to their issuance.

4. (4)

   1. (A) When issuing a letter of clearance on a building that is already under a current contract by the license holder writing the letter of clearance for a real estate transaction, a new contract, including diagram, shall be issued in the name of the new buyer, guaranteeing the performance of work for one (1) year from the date the letter of clearance is issued.
   2. (B) The new contract requirement shall not apply in cases where the letter of clearance is issued on buildings already under contract and that are being refinanced, provided the license holder holding the contract issues the letter of clearance.
   3. (C) Letters of clearance, written on buildings under contract by the license holder, must show the original date of treatment.

(b) The number of contracts providing a retreatment-only guarantee for the control of termites that a license holder may issue per fiscal year (July 1 to June 30) shall not exceed twenty percent (20%) of the number of buildings for which the license holder reported and paid reporting fees during the previous fiscal year (July 1 to June 30).

1. (c) Renewals.
2. (1) Each time a contract is renewed, the license holder shall assume responsibility for bringing substandard conditions in the building under contract up to standards, except on prior-approved substandard buildings.
3. (2) This shall also apply to all new additions to the building unless the license holder shows in bold print, on the renewal notice, that the renewal does not cover new additions to the building.

4. (3)

   1. (A) When a license holder elects not to renew a viable contract, the owner must be notified by return receipt requested certified mail at least thirty (30) days prior to the contract expiration date of the intent not to renew the contract.
   2. (B) Notification by the license holder of nonrenewals does not apply when the contract is terminated for nonpayment of the renewal fee or canceled by the consumer, provided the consumer was notified a renewal fee was due.