(a)
- (1) Each license holder shall remit to the Department of Agriculture, by the fifteenth day of each month, an inspection fee of five dollars ($5.00) for each building on which a contract has been issued during the previous calendar month excluding new contracts issued with letters of clearance on buildings under current contracts.
- (2) The five-dollar reporting fee shall be paid on each building treated regardless of how many buildings are covered by a single contract.
- (3) If for any reason the payment of this fee is delayed more than thirty (30) days, the fee shall be doubled.
- (b) The department, through its authorized representatives, reserves the right to inspect any or all buildings on which a contract has been issued to determine compliance with the Pest Control Law, Arkansas Code § 17-37-101 et seq., and the rules made thereunder.
(c)
(1) The department will send the license holder a notice after department inspections of buildings covered by a contract, including a renewal of a contract and/or letter of clearance, if:
- (A) The building is found infested with termites or other structural pests for which prevention, control, or eradication has been contracted;
- (B) The State Plant Board’s minimum standards, see Subparts 4, 5, 7, and 8 of this part, other than those excepted in the contract and given prior approval, a waiver of certain minimum treating standards, or an exclusion of certain minimum treating standards by the department have not been met or fulfilled; or
- (C) Misrepresentations have been made to the owner to that effect.
(2)
- (A) The license holder shall, within fifteen (15) days, retreat the building when necessary and otherwise bring the building into compliance with the law and this part and shall submit to the department along with the report of correction an appropriate reinspection fee.
- (B) If the necessary corrections cannot be made in fifteen (15) days due to circumstances beyond the license holder’s control, additional time may be requested from the department.
(3)
- (A) When a notice has not been returned by the due date and the license holder has not contacted the department concerning the notice, a reinspection of the building will be made.
- (B) Another notice will be issued if the building has not been brought up to standard at the time of the reinspection.
- (4) Should subsequent reinspections reveal the building is still not in compliance, a third and final notice will be issued following the same procedure outlined above.
(5)
- (A) Should reinspections of the third and final notice reveal the building is still not in compliance, the license holder will be subject to enforcement action according to State Plant Board Pest Control Enforcement Response Rules, Subpart 14 of this part.
- (B) The fees for each notice are to pay for the cost of inspections, and payment does not preclude invalidation of a license by the board should this be warranted.