1. A. A license or registration certification may be placed on probationary status only upon the affirmative vote of three members of the commission at an adjudicatory proceeding noticed and conducted as required under §127.
2. B. When a minor violation is sustained before the commission in an adjudicatory proceeding, a licensee or registered employee may be placed on probation for a period not to exceed six months.
3. C. When a moderate violation is sustained before the commission in an adjudicatory proceeding, the licensee or registered employee may be placed on probation for a period not to exceed one year.
4. D. When multiple violations (i.e., violations of more than one provision of the Act or these rules and regulations or more than one violation of the same provision of law or regulations) are sustained before the commission, the commission shall consider each separate violation and take appropriate action with respect thereto.
5. E. Whenever any licensee or registered employee is found in an adjudicatory proceeding to have committed a major violation or multiple violations of the Act or these rules and regulations, the commission may suspend or revoke the license/registration certificate without first imposing a period of probation.
6. F. Any violation of the Act or these rules and regulations during a period of probationary status will subject the offender to more severe penalties, including suspension and/or revocation of his license or registration certificate and/or the initiation of proceedings in a court of competent jurisdiction.
7. G. If the violations resulting in the imposition of probationary status are corrected during the period of probationary status, the probationary period shall automatically expire, without notice, at the end of the probationary period specified by the commission.

8. H. If the violations resulting in the imposition of the probationary status are not corrected during such period of probationary status, the commission may either:

   1. 1. renew the period of probationary status; or
   2. 2. suspend/revoke the license/registration certificate after an adjudicatory hearing noticed and conducted under §127.
9. I. The licensee/registered employee may continue to work during any period of probationary status.
10. J. The commission may place a licensee/registered employee on probationary status for one phase of pest control work for which he is licensed/registered without effect upon any other phase of pest control work for which he is licensed/registered.
11. K. The commission may place on probation all phases of pest control work for which the licensee/employee is licensed/registered for a violation occurring in only one phase of pest control work.

12. L. The commission shall notify the licensee/registered employee, in writing, of:

    1. 1. the nature of the violations sustained before the commission, including dates and places where the violations occurred;
    2. 2. the period of probationary status;
    3. 3. the phases of the license/registration certificate affected by the probationary status; and
    4. 4. any additional terms and conditions imposed by the commission.
13. M. A licensee/registered employee may be placed on probationary status for a cumulative total of no more than 24 months.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366 and 3:3370.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:329 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 37:284 (January 2011).