Structural Pest Control Laws And Regulations AES-6135

Question 1

What does ‘Apartment building’ mean?

Answer 1

‘Apartment building’ means a building that contains at least two dwelling units that are rented primarily for nontransient permanent dwelling purposes, with rental paid by intervals of one week or longer.

Question 2

What is a ‘Certified applicator’?

Answer 2

‘Certified applicator’ means a certified commercial applicator or a certified noncommercial applicator.

Question 3

Define ‘Certified commercial applicator’.

Answer 3

‘Certified commercial applicator’ means a person who holds a certified commercial applicator’s license.

Question 4

Define ‘Certified noncommercial applicator’.

Answer 4

‘Certified noncommercial applicator’ means a person who holds a certified noncommercial applicator’s license.

Question 5

Who is referred to as the ‘Commissioner’?

Answer 5

‘Commissioner’ means the commissioner of agriculture.

Question 6

What does ‘Committee’ refer to?

Answer 6

‘Committee’ means the structural pest control advisory committee.

Question 7

What is the meaning of ‘Day-care center’?

Answer 7

‘Day-care center’ has the meaning assigned by Section 42.002, Human Resources Code.

Question 8

What is meant by ‘Department’?

Answer 8

‘Department’ means the Department of Agriculture.

Question 9

Define ‘Device’ in the context of pest control.

Answer 9

‘Device’ means an instrument or contrivance designed for trapping, destroying, repelling, or mitigating the effects of a pest or another form of plant or animal life.

Question 10

What does ‘Device’ not include?

Answer 10

‘Device’ does not include:
* a firearm
* equipment used for the application of pesticides sold separately from a device.

Question 11

What is the definition of ‘Hospital’?

Answer 11

‘Hospital’ has the meaning assigned by Section 241.003, Health and Safety Code.

Question 12

What is meant by ‘Institution of higher education’?

Answer 12

‘Institution of higher education’ has the meaning assigned by Section 61.003, Education Code.

Question 13

Who is included in the definition of ‘Person’?

Answer 13

‘Person’ means an individual, firm, partnership, corporation, association, or other organization, any combination of those persons, or any type of business entity.

Question 14

What is a ‘Restricted-use pesticide’?

Answer 14

‘Restricted-use pesticide’ means a pesticide classified for restricted or limited use by the administrator of the United States Environmental Protection Agency.

Question 15

What does ‘School’ mean in this context?

Answer 15

A public primary or secondary school; or private or parochial primary or secondary school accredited by a member of the Texas Private School Accreditation Commission.

Question 16

What is a ‘state-limited-use pesticide’?

Answer 16

A pesticide classified for restricted or limited use.

Question 17

What is a ‘Structural pest control business license’?

Answer 17

A license issued under Section 1951.301.

Question 18

Who is considered a ‘Technician’?

Answer 18

A person holding a license under this chapter, performing supervised pesticide applications under direct supervision.

Question 19

What types of duties do not qualify a person as a ‘Technician’?

Answer 19

Duties that are solely clerical or completely disassociated with pest control.

Question 20

What is the purpose of the ‘Structural Pest Control Service’?

Answer 20

To regulate and license persons engaged in structural pest control, enhance educational and professional standards, and ensure public health and safety.

Question 21

What constitutes the ‘business of structural pest control’?

Answer 21

Performing, offering, or soliciting services related to pest identification, inspection, and control for compensation.

Question 22

What types of pests are included in the identification of infestations?

Answer 22

• Arthropods (insects, spiders, mites, ticks)
• Wood-infesting organisms
• Rodents
• Weeds
• Nuisance birds
• Other undesirable animals.

Question 23

What activities are excluded from being considered as engaging in structural pest control?

Answer 23

Being a clerical employee or manual laborer without identifying pests, making inspections, or applying pesticides.

Question 24

What is meant by ‘Direct Supervision’ in pesticide application?

Answer 24

Application made under the instructions and control of a certified commercial applicator responsible for the actions of the person applying.

Question 25

Can municipalities adopt ordinances regarding pesticide sale or use?

Answer 25

Generally no, but they can encourage education, zone for sale/storage, and regulate safety measures.

Question 26

What are some actions municipalities can take despite restrictions on pesticide regulations?

Answer 26

* Comply with federal or state requirements * Avoid federal or state penalties * Maintain compliance with environmental standards.

Question 27

Are government employees exempt from fees imposed under this chapter?

Answer 27

No, a person employed by a governmental entity is not exempt from such fees.

Question 28

Who can use chemicals without a license according to Sec. 1951.051?

Answer 28

An individual who does not hold a license may use insecticides, pesticides, rodenticides, fumigants, or allied chemicals unless: * Use is prohibited by state law or rule * Use is prohibited by rule of the United States Environmental Protection Agency * Substance used is labeled as a restricted-use pesticide or a state-limited-use pesticide ## Footnote This applies only on specific premises.

Question 29

Under what conditions can an individual use chemicals without a license according to Sec. 1951.051(b)?

Answer 29

An individual may act only on premises: * Owned by the individual * In which the individual owns a partnership or joint venture interest * Of a person who employs the individual primarily to perform services other than pest control ## Footnote This does not apply to certain facilities.

Question 30

Which types of facilities are excluded from the exemptions in Sec. 1951.051(b)(3)?

Answer 30

The exemptions do not apply to: * An apartment building * A day-care center * A hospital * A nursing home * A hotel, motel, or lodge * A warehouse * A food-processing establishment * A facility owned by the state or a political subdivision of the state, except as provided by a school ## Footnote These exclusions highlight the restrictions for pest control without a license.

Question 31

What does Sec. 1951.052 indicate about pest control work performed on a person's dwelling?

Answer 31

The chapter does not apply to a person who performs pest control work on property that the person owns or leases as their dwelling. ## Footnote This individual is not considered to be engaged in the business of structural pest control.

Question 32

What is exempted from the application of this chapter according to Sec. 1951.053?

Answer 32

A person performing pest control work on horticultural plants with a license or under supervision ## Footnote Specifically, a commercial or noncommercial applicator license from the department under Chapter 76, Agriculture Code.

Question 33

Under what conditions can a person perform pest control work for political subdivisions or cemeteries according to Sec. 1951.053?

Answer 33

If they are employed by a political subdivision or cemetery, engaged in pest control work, hold a license, and comply with annual continuing education requirements ## Footnote This includes both commercial and noncommercial applicator licenses.

Question 34

What does Sec. 1951.054 state about persons engaged in agricultural pest control?

Answer 34

They are exempt from the application of this chapter if engaged in agriculture or aerial/custom application of pesticides ## Footnote This exemption applies to the person's employees as well.

Question 35

According to Sec. 1951.055, who is exempt from the chapter when using pest control chemicals?

Answer 35

A person using household pest control chemicals available in retail stores if used according to label directions ## Footnote This includes products like aerosol bombs and spray cans.

Question 36

Fill in the blank: A person using pest control chemicals must use them in accordance with _______.

Answer 36

[label directions] ## Footnote This is crucial for compliance with department rules or guidelines.

Question 37

What type of pesticides are mentioned as being used by employees conducting larval mosquito control?

Answer 37

Biological pesticides approved for general use by the Department of State Health Services ## Footnote This can include specific guidelines for training and usage.

Question 38

What can a political subdivision do regarding training hours for mosquito control employees?

Answer 38

Reduce the number of hours of training or other requirements ## Footnote This is permissible as long as adequate instructions are provided for safe and effective pesticide use.

Question 39

What is the exception for using household pest control chemicals?

Answer 39

The chapter does not apply to a person using household pest control chemicals if used according to label directions or guidelines.

Question 40

Who is allowed to use household pest control chemicals without being considered in the business of structural pest control?

Answer 40

The owner of a building or the owner's employee or agent in a residential building or in a vacant, unused, and unoccupied place.

Question 41

True or False: A person using household pest control chemicals is considered to be engaged in structural pest control.

Answer 41

False

Question 42

What defines a beekeeper not engaged in the business of structural pest control?

Answer 42

A registered beekeeper who does not use pesticides or electrical devices other than conventional bee smokers and collects, removes, or destroys honey bees.

Question 43

What must a beekeeper be registered with to be exempt from structural pest control regulations?

Answer 43

To be exempt from structural pest control regulations when performing bee removal, a beekeeper in Texas must register with the Texas Apiary Inspection Service (TAIS).

Question 44

What is the definition of falconry in relation to structural pest control?

Answer 44

Engagement in falconry is defined as using a raptor to control or relocate other birds.

Question 45

What are the requirements for a person engaged in falconry to be exempt from structural pest control regulations?

Answer 45

Holder of a falconer's permit and uses a raptor to control or relocate other birds.

Question 46

Fill in the blank: When performed without the use of a pesticide, the chapter does not apply to the use of a _______.

Answer 46

raptor to control or relocate other birds

Question 47

What activities are exempt from being classified as structural pest control?

Answer 47

Activities involving physical removal of pests, cleaning chimneys, using live traps, and mechanical removal of weeds.

Question 48

What is one example of a mechanical means of pest removal that is not considered structural pest control?

Answer 48

Removal of weeds or obstructing vegetation from a sewer or drainage system.

Question 49

What must a business provide to each customer if it performs an exempted activity according to Sec. 1951.059(b)?

Answer 49

A written notice that informs the customer of their rights under the Deceptive Trade Practices-Consumer Protection Act and provides contact information for the consumer protection division ## Footnote This notice also contains other information required by the department.

Question 51

How many members make up the Structural Pest Control Advisory Committee as described in Sec. 1951.101(a)?

Answer 51

11 members ## Footnote Members are appointed by the commissioner.

Question 52

Who is one of the members of the Structural Pest Control Advisory Committee?

Answer 52

An employee of a school district associated with a school integrated pest management program ## Footnote This is one of the specific member categories outlined.

Question 53

How long do members serve on the Structural Pest Control Advisory Committee?

Answer 53

Staggered four-year terms ## Footnote The terms of five or six members expire on February 1 of each odd-numbered year.

Question 54

What role does the commissioner of state health services play in the Structural Pest Control Advisory Committee?

Answer 54

The commissioner or the commissioner's designee is a member of the committee ## Footnote This provides a health services perspective to the committee.

Question 55

Fill in the blank: Activities involving minimal risk of harm must be determined by the _______.

Answer 55

[department] of Agriculture ## Footnote This determination is essential for exemption from regulatory requirements.

Question 56

Who is ineligible for appointment as a public member of the committee?

Answer 56

A person is ineligible if: * Licensed under this chapter * The person or spouse is registered, certified, or licensed in pest control * Employed by or manages a regulated business entity * Owns more than 10% interest in a regulated business * Uses or receives substantial benefits from the department

Question 57

What are the criteria for a person to be ineligible due to their spouse's occupation?

Answer 57

A person's spouse must not be: * Registered, certified, or licensed by an occupational regulatory agency in pest control * An officer, manager, or paid consultant of a Texas trade association in pest control

Question 58

What defines a 'Texas trade association'?

Answer 58

'Texas trade association' means a cooperative and voluntarily joined statewide association of business or professional competitors designed to assist its members in dealing with mutual problems and promoting their interests. Trade associations are groups of companies involved in the same business. The Texas Association of Realtors, the Texas Bankers Association and the Texas Automobile Dealers Association are three prominent examples.

Question 59

Can a person be a member of the committee if they are a paid consultant of a Texas trade association in pest control?

Answer 59

No, unless provided by Section 1951.101(a)(4) Membership Restrictions: The Texas Department of Agriculture (TDA) and related laws explicitly prohibit individuals with ties to trade associations in pest control from serving on the SPC Committee.

Question 60

Fill in the blank: A person may not be a member of the committee if they are required to register as a ______ under Chapter 305, Government Code.

Answer 60

lobbyist

Question 61

What type of interests disqualify a person from being a public member of the committee?

Answer 61

Direct or indirect ownership or control of more than 10% in a regulated business entity

Question 62

True or False: A person can be a member of the committee if they receive compensation for attendance at meetings.

Answer 62

True

Question 63

What is one of the main duties of the committee as outlined in Sec. 1951.104?

Answer 63

Gather and provide information relating to the practice of structural pest control at the request of the department of agriculture or the commissioner.

Question 64

What must the department do before proposing a rule for adoption?

Answer 64

Submit the proposed rule to the committee for advice.

Question 65

What is the time frame for the committee to provide a recommendation on a proposed rule?

Answer 65

Not later than the 60th day after the date the proposed rule was submitted to the committee for review.

Question 66

What are the committee's responsibilities regarding disciplinary investigations?

Answer 66

Review a completed disciplinary investigation file at the request of the presiding officer of the committee.

Question 67

What topics must the department's adopted rules for the committee cover?

Answer 67

* Purpose, role, responsibility, and goals of the committee * Quorum requirements * Qualifications required for members * Appointment process for the committee * Members' terms * Training requirements * Evaluation of the committee's effectiveness * Compliance with Chapter 551, Government Code

Question 68

How often does the committee meet according to Sec. 1951.105?

Answer 68

Quarterly.

Question 69

What must occur at the first meeting of each year?

Answer 69

Elect a presiding officer and an assistant presiding officer to serve a term of one year.

Question 70

True or False: The committee operates under Robert's Rules of Order.

Answer 70

True.

Question 71

What is the presiding officer responsible for in committee meetings?

Answer 71

Setting an agenda for each committee meeting.

Question 72

Fill in the blank: The committee must comply with Chapter _______ of the Government Code.

Answer 72

551.

Question 73

What is one of the advisory roles of the committee regarding education?

Answer 73

Advise on the education and curricula requirements for applicants.

Question 74

What should the committee provide advice on regarding examinations?

Answer 74

on aspects of structural pest control examinations, including developing a formal process for licensing exam development and revision, and ensuring a risk-based approach to inspections

Question 75

What standards does the committee advise on related to licensing?

Answer 75

Classroom Training: specific hours of classroom training On-the-Job Training: specifically for apprentices Continuing Education Units (CEUs): must earn a certain number of CEU’s to maintain a license

Question 76

What is one of the roles of the committee concerning fees?

Answer 76

Advise on fees for license applications and examinations under this chapter.

Question 77

What is the sole authority in this state for licensing persons engaged in the business of structural pest control?

Answer 77

The department ## Footnote The department is responsible for overseeing pest control licensing.

Question 78

What must the department establish regarding fees for licensing?

Answer 78

Fees that are reasonable and necessary to cover the costs of administering the department's programs and activities ## Footnote Fees are determined with the advice of the committee.

Question 79

What types of licenses does the department develop standards and criteria for?

Answer 79

* Structural pest control business license * Certified commercial applicators license * Certified non-commercial applicators license * Technician license ## Footnote These licenses are for individuals and businesses engaged in structural pest control.

Question 80

Who advises the department in establishing standards and criteria for licenses?

Answer 80

The committee ## Footnote The committee's advice is integral to the licensing process.

Question 81

Fill in the blank: The department shall develop standards and criteria for issuing a _______.

Answer 81

structural pest control business license

Question 82

True or False: A certified non-commercial applicator's license can be issued to an individual.

Answer 82

True ## Footnote This license is specifically for individuals engaged in non-commercial pest control.

Question 83

Fill in the blank: The department shall also issue a _______ license to an individual engaged in structural pest control.

Answer 83

certified commercial applicators

Question 84

What type of license is issued to individuals who are technicians in structural pest control?

Answer 84

Technician license ## Footnote This license is distinct from commercial and non-commercial applicator licenses.

Question 85

What authority does the commissioner have under Sec. 1951.204?

Answer 85

The commissioner may request and compel by subpoena the attendance of witnesses and the production of records relevant to an investigation ## Footnote This includes examination under oath and inspection of documents related to alleged violations.

Question 86

What action can the commissioner take against non-compliance with a subpoena?

Answer 86

The commissioner, through the attorney general, may bring an action to enforce the subpoena ## Footnote This is specified in Subsection (b) of Sec. 1951.204.

Question 87

Where can an action to enforce a subpoena be brought?

Answer 87

In a district court in Travis County or the county where the alleged violation occurred ## Footnote Refer to Subsection (c) of Sec. 1951.204 for specifics.

Question 88

What must a court find to order compliance with a subpoena?

Answer 88

The court must find that good cause exists to issue the subpoena ## Footnote This is outlined in Subsection (d) of Sec. 1951.204.

Question 89

What is required for the department to adopt environmental rules under Sec. 1951.205?

Answer 89

The department must adopt rules necessary to protect public health and welfare, citing the section of this chapter that authorizes the rule ## Footnote This is specified in Subsection (a) of Sec. 1951.205.

Question 90

What standards must a rule regarding economic poisons comply with?

Answer 90

It must comply with applicable federal government standards and the commissioner's regulations ## Footnote This is mentioned in Subsection (b) of Sec. 1951.205.

Question 91

What does Subsection (a) of Sec. 1951.206 state about advertising and competitive bidding?

Answer 91

The department may not adopt rules restricting advertising or competitive bidding, except as provided in Subsection (b) ## Footnote This outlines the general rule regarding advertising restrictions.

Question 92

Under what conditions can the department restrict advertising or competitive bidding?

Answer 92

To prohibit false, misleading, or deceptive practices ## Footnote This is detailed in Subsection (b) of Sec. 1951.206.

Question 93

What limitations are there on rules restricting advertising according to Subsection (b) of Sec. 1951.206?

Answer 93

They may not restrict: * The use of any medium for advertising * A person's personal appearance or voice in an advertisement * The size or duration of an advertisement * A person's advertisement under a trade name ## Footnote Subsection (b) of Sec. 1951.206 outlines these specific limitations.

Question 94

Can the department regulate the use of a business name in advertisements?

Answer 94

Yes, the department can regulate the use of the name of a business or license holder in advertisements for structural pest control ## Footnote This is an exception noted in Subsection (b)(4) of Sec. 1951.206.

Question 95

How often must a control business license be inspected by a field inspector?

Answer 95

At least once in the business' first year of operation and every four years thereafter. ## Footnote This ensures compliance with regulations regarding pesticide use.

Question 96

What procedures must be included in the policy for conducting an investigation under this chapter?

Answer 96

Procedures for investigating complaints concerning misuse of pesticides, including: * Contamination by pesticides * Human exposure to pesticides * Circumstances for referral to relevant agencies * Recommendations for cleanup after spills * Procedures for residue sampling ## Footnote Relevant agencies include the Department of State Health Services, Texas Commission on Environmental Quality, and the United States Environmental Protection Agency.

Question 97

What circumstances warrant a referral to the Department of State Health Services?

Answer 97

misuse of pesticides that may affect human health. includes cases of contamination and exposure.

Question 98

What is the role of the Texas Commission on Environmental Quality in pesticide misuse investigations?

Answer 98

To be referred cases that involve environmental quality issues related to pesticide misuse. takes enforcement actions for violations of state regulations provides technical support and criminal investigative expertise in multi-agency investigations

Question 99

What actions should be taken after a pesticide spill or misapplication?

Answer 99

Recommendations to consumers and applicators regarding cleanup. ## Footnote Proper cleanup is crucial to prevent further contamination.

Question 100

What is the policy for residue sampling in pesticide investigations?

Answer 100

Procedures must be established for taking residue samples, including circumstances and timing for sampling. ## Footnote This helps in assessing the extent of pesticide misuse.

Question 101

What must happen if an investigation shows misapplication of pesticides?

Answer 101

The department shall immediately notify the consumer and the applicator. ## Footnote Prompt notification is essential for safety and remedial action.

Question 102

Who can report health injuries and property damages resulting from pesticide misapplication?

Answer 102

Reports can be made by: * Certified applicator * Physician * Person holding a structural pest control business license * Technician * Consumer * State agency ## Footnote This wide range of reporting sources ensures comprehensive tracking of pesticide-related issues.

Question 103

True or False: The department keeps records of health injuries and property damages from pesticide misapplications.

Answer 103

True. ## Footnote This is important for monitoring the impacts of pesticide misuse.

Question 104

What information may the department provide to the Department of State Health Services under the occupational condition reporting program?

Answer 104

Information concerning an exposure to a pesticide caused by a licensed person resulting in a medically verifiable illness. ## Footnote This is established under Chapter 84, Health and Safety Code.

Question 105

What must the joint rules adopted by the department and the executive commissioner require?

Answer 105

To make information available to an institution of higher education conducting research in urban entomology, epidemiology, or related areas. Epidemiology is the study of the distribution, causes, and control of diseases and other health-related conditions in populations. Entomology is the study of insects. It encompasses all aspects of insects, including their biology, behavior, ecology, and interactions with other organisms and the environment. ## Footnote This is part of the exposure reporting process.

Question 106

What is the purpose of the pretreatment inspection service provided by the department?

Answer 106

To determine whether there is an infestation of pests on the premises inspected.

Question 107

What conditions must a consumer meet to request a pretreatment inspection?

Answer 107

Obtain a determination of infestation and an estimate of treatment cost from at least two pest control companies.

Question 108

What is the fee policy for the pretreatment inspection service?

Answer 108

The department shall charge a fee sufficient to cover the cost of providing the service.

Question 109

Is the department liable for damages resulting from incorrect inspections?

Answer 109

No, the department is not liable for any damages that may arise from an incorrect inspection.

Question 110

What type of expert may the department contract with for consultation?

Answer 110

An expert in integrated pest management.

Question 111

Who can benefit from the consultation services of the integrated pest management expert?

Answer 111

Department staff, license holders, and the public.

Question 112

Fill in the blank: The department may provide a _______ inspection service to consumers.

Answer 112

[pretreatment]

Question 113

True or False: The department is required to offer free pretreatment inspections.

Answer 113

False

Question 114

What is the purpose of the integrated pest management program for school districts?

Answer 114

To establish standards for the use of pesticides, herbicides, and other chemical agents to control pests, rodents, insects, and weeds at school buildings and facilities.

Question 115

Who assists the department in developing the standards for the integrated pest management program?

Answer 115

The structural pest control advisory committee.

Question 116

What must the advisory committee consult with when developing the standards?

Answer 116

A person knowledgeable in the area of integrated pest management in schools.

Question 117

What is a key requirement included in the standards for pest control?

Answer 117

To use the least toxic methods available.

Question 118

What must the department establish regarding pesticides that a school district is allowed to apply?

Answer 118

Categories of pesticides.

Question 119

What is the minimum distance a school district must maintain between pesticide application areas and student areas?

Answer 119

The department shall specify this distance in the rules.

Question 120

What is the minimum time a school district must wait before allowing students in an area after pesticide application?

Answer 120

The department shall specify this time in the rules.

Question 121

What requirements must be met regarding the posting of pesticide use?

Answer 121

Requirements for posting notice of indoor and outdoor pesticide use.

Question 122

What must a school district obtain before applying pesticides?

Answer 122

Approval.

Question 123

What must school districts maintain regarding pesticide applications?

Answer 123

Records of the application of pesticides.

Question 124

What must each school district adopt according to the standards?

Answer 124

An integrated pest management program.

Question 125

What role must each school district designate for the integrated pest management program?

Answer 125

An integrated pest management coordinator.

Question 126

When must a school district report the name and contact details of their integrated pest management coordinator?

Answer 126

Not later than the 90th day after designation or replacement.

Question 127

How many hours of continuing education in integrated pest management must the coordinator complete every three years?

Answer 127

Six hours.

Question 128

How often must the department inspect each school district for compliance?

Answer 128

At least once every five years.

Question 129

What factors may lead to additional inspections by the department?

Answer 129

* Prior violations * Inspection history * History of complaints * Other factors determined by the department.

Question 130

True or False: The department is required to conduct inspections of school districts based on a schedule of risk-based criteria.

Answer 130

True

Question 131

What is the purpose of the public interest information prepared by the department?

Answer 131

To describe the functions of the department and the procedures for filing complaints ## Footnote This information is prepared with the advice of the committee.

Question 132

Who should the department make the public interest information available to?

Answer 132

The public and appropriate state agencies

Question 133

What methods must the department establish for notifying consumers of complaint procedures?

Answer 133

By providing the name, mailing address, and telephone number of the department ## Footnote This notification can be included on license forms, signs in business places, or bills for services.

Question 134

Where can the department provide notice of complaint procedures?

Answer 134

* On each license form * On a sign in the place of business * In a bill for services

Question 135

What must the department keep regarding each complaint filed?

Answer 135

An information file about each complaint

Question 136

How often must the department notify parties of the status of a complaint?

Answer 136

At least quarterly until final disposition

Question 137

What information must the department provide to a license holder against whom a complaint is filed?

Answer 137

* The allegations made against the license holder * Any information obtained during the investigation upon request

Question 138

What should the department allow the license holder to do in response to a complaint?

Answer 138

Time to respond to the complaint

Question 139

Under what circumstances can a complaint be dismissed by the department?

Answer 139

* A violation did not occur * The subject of the complaint is outside the department's jurisdiction

Question 140

What must an employee do after dismissing a complaint?

Answer 140

Report the dismissal to the commissioner with an explanation

Question 141

What is the purpose of the policies developed by the department under Sec. 1951.253?

Answer 141

To provide the public with a reasonable opportunity to appear before the committee and to speak on any issue.

Question 142

What must the department prepare and maintain for individuals who do not speak English or have disabilities?

Answer 142

A written plan that describes how they can be provided reasonable access to the department's programs.

Question 143

What is established under Sec. 1951.254?

Answer 143

A public information program to inform the public about the practice and regulation of structural pest control.

Question 144

What role can the department create to assist in the development of the public information program?

Answer 144

A public information program advisory committee.

Question 145

What must the public information program include regarding complaints?

Answer 145

The adoption and distribution of a standard form for complaints.

Question 146

How must the program inform prospective applicants for licensing?

Answer 146

About the qualifications and requirements for licensing.

Question 147

What information must be provided to applicants, license holders, and the public?

Answer 147

Details about the department's enforcement process, including complaint investigation and resolution steps.

Question 148

What can a license holder obtain regarding complaints made against them?

Answer 148

Information about the complaint and a copy of the complaint file upon request.

Question 149

What must the department develop regarding the pest control industry?

Answer 149

A clear, factual, and balanced information sheet containing information on: * The pest control industry * Chemicals used in structural pest control * General health and safety issues relating to structural pest control * Precautions to take before, during, and after application * Steps to take if a misapplication is suspected * Any other matters determined by the department ## Footnote This includes underapplication or overapplication scenarios.

Question 150

What specific information must be included in the information sheet?

Answer 150

The information sheet must include: * Names and telephone numbers of the department and Department of State Health Services * Telephone number of any pesticide hotline * Consumer's rights statement under Chapter 601, Business & Commerce Code * Information on the availability of any pretreatment inspection service ## Footnote This service may be provided by the department under Section 1951.210.

Question 151

What information must the sign posted in the area of an indoor treatment contain?

Answer 151

The sign must contain: * The date of the planned treatment * Any other information required by the department ## Footnote This is to inform individuals in the area about the treatment.

Question 152

What service must the department make available for consumers and industry?

Answer 152

A consumer and industry telephone hotline to provide direct access to the Structural Pest Control Service. ## Footnote This hotline ensures timely and efficient assistance with industry and consumer needs.

Question 153

What information about enforcement actions must the department provide to the public?

Answer 153

Information about each final enforcement action taken by the department against a person under this chapter. ## Footnote This information must be provided on its Internet website and in other appropriate publications.

Question 154

True or False: The department can determine the format in which it provides enforcement information.

Answer 154

True ## Footnote This gives the department flexibility in how they communicate enforcement actions.

Question 155

What is the definition of 'branch office' in the context of structural pest control?

Answer 155

Any place of business, other than the primary office or a facility serving solely as a telephone answering service, that has at least one employee during normal business hours capable of: * answering customers' normal questions * scheduling normal inspections or work * performing structural pest control functions. ## Footnote The definition clarifies the criteria for what constitutes a branch office in the pest control business.

Question 156

What must a person do to engage in the business of structural pest control?

Answer 156

Meet the standards set by the department and hold a structural pest control business license issued under this chapter. ## Footnote This ensures that all pest control businesses operate under regulated standards.

Question 157

What does a structural pest control business license entitle a person to do?

Answer 157

Engage in the business of structural pest control under the direct supervision of a certified commercial applicator. ## Footnote This license is essential for legal operation within the pest control sector.

Question 158

Is a separate structural pest control business license required for each branch office?

Answer 158

Yes, a person engaged in the business of structural pest control must hold a structural pest control business license for each place of business, including each branch office. ## Footnote However, certified commercial applicators, certified noncommercial applicators, or licensed technicians are not required to obtain a separate license for each branch office.

Question 159

What is required of each structural pest control business license holder regarding employment?

Answer 159

Each license holder shall employ a certified commercial applicator at all times. ## Footnote This requirement ensures that there is always a qualified professional overseeing pest control activities.

Question 160

What must a certified commercial applicator or technician's license be associated with?

Answer 160

A business license holder. ## Footnote This association is necessary for the validity of the applicator's or technician's license.

Question 161

What is the role of the department regarding a certified commercial applicator's license?

Answer 161

The department must determine that an individual is competent to use or supervise the use of a restricted-use pesticide or state-limited-use pesticide. ## Footnote Competence is crucial for safe and effective pesticide application.

Question 162

What does 'incidental use situation' refer to?

Answer 162

A pesticide application, including treating wasps in an area adjacent to a utility meter, treating fire ants in a transformer box, or the treating of ants by a janitor or clerical employee in a break area. ## Footnote This term describes specific scenarios where pesticide application is not the primary job function.

Question 163

What is required for an individual to engage in structural pest control without a certified commercial applicator's license?

Answer 163

The individual must hold a certified noncommercial applicator's or technician license and be employed by the state or a political subdivision of the state or engage in pest control as an employee of a building owner. ## Footnote This includes specific types of buildings such as apartment buildings, day-care centers, hospitals, nursing homes, hotels, warehouses, food-processing establishments, and schools.

Question 164

What are the conditions under which incidental use of pesticides is allowed?

Answer 164

It must be on an occasional, isolated, site-specific basis and incidental to the performance of a primary duty that is not pest control by an employee. ## Footnote General use pesticides can be used after instruction as per rules adopted by the department.

Question 165

What types of buildings are specified for structural pest control employment?

Answer 165

* Apartment building * Day-care center * Hospital * Nursing home * Hotel, motel, or lodge * Warehouse * Food-processing establishment (other than a restaurant) * School ## Footnote These categories define where a technician can work without a commercial applicator's license.

Question 166

What does Sec. 1951.304 pertain to?

Answer 166

Technician License and the department's ability to designate different classes or categories for technicians. ## Footnote This indicates a structured approach to licensing technicians in pest control.

Question 167

What is required of a person applying for a license under this chapter?

Answer 167

They must apply on a form prescribed by the department and provide required information to determine qualifications. ## Footnote This process ensures that applicants meet the necessary standards for licensing.

Question 168

Under what circumstances may the department waive licensing requirements?

Answer 168

For applicants who hold a license issued by another state with substantially equivalent requirements. ## Footnote The department may also enter into reciprocal licensing agreements with other states.

Question 169

What must a person do to receive an endorsement of license from the department?

Answer 169

Establish residence in the state and meet the qualifications of a certified applicator by taking the appropriate examination in another state.

Question 170

How can a person renew a license?

Answer 170

By submitting an application to the department and paying the required renewal fees.

Question 171

When does a license issued under this chapter expire?

Answer 171

At the end of the license period as determined by department rule.

Question 172

What must an applicant submit with the application for an initial or renewal structural pest control business license?

Answer 172

A fee in an amount established by department rule for: * a license or endorsement * a license for each technician the applicant employs

Question 173

What is required for an initial or renewal certified applicator's license application?

Answer 173

A fee in an amount established by department rule for: * a license * a license for each technician the applicant employs

Question 174

What is the minimum amount of liability insurance required for a structural pest control business license?

Answer 174

Not less than $200,000 for bodily injury and property damage coverage, with a minimum total aggregate of $300,000 for all occurrences.

Question 175

True or False: The department may issue or renew a structural pest control business license without liability insurance.

Answer 175

False

Question 176

What type of insurance must a license applicant file with the department?

Answer 176

A policy or contract of insurance approved as sufficient by the department.

Question 177

What must an applicant provide if they have an unexpired insurance policy on file?

Answer 177

A certificate or evidence from an insurance company stating that the policy insures against liability for acts and damage, and the amount of insurance coverage is approved by the department ## Footnote This applies specifically to structural pest control applicants.

Question 178

What is the minimum amount of bond or proof of funds required for claims of damage in structural pest control?

Answer 178

$300,000 ## Footnote This amount covers claims for damage to persons or property due to negligent operations.

Question 179

What is the minimum amount of general liability insurance coverage required for wood treaters?

Answer 179

$200,000 for bodily injury and property damage, with a total aggregate of $300,000 for all occurrences ## Footnote This applies if the applicant operates solely as a wood treater on their own commercial property.

Question 180

What happens if a structural pest control business license holder fails to maintain their insurance policy?

Answer 180

It is a ground for suspension or revocation of the license ## Footnote Maintaining the required insurance or security is mandatory as per the regulations.

Question 181

Can the department require different amounts of insurance coverage for various operations?

Answer 181

Yes ## Footnote The department has the authority to set different coverage amounts based on classifications of operations.

Question 182

What is required from an applicant who files proof under Subsection (a)(3)?

Answer 182

Designate a third party not affiliated with the applicant to handle processing of damage claims ## Footnote This ensures impartiality in claims processing.

Question 183

What type of agreement can the department enter into regarding licensing requirements?

Answer 183

A memorandum of agreement with a political subdivision other than an educational institution ## Footnote This allows collaboration on licensing matters.

Question 184

Is a license issued under this chapter transferable?

Answer 184

No ## Footnote Licenses are specific to the individual or business and cannot be transferred.

Question 185

What is the purpose of the mandatory continuing education program administered by the department?

Answer 185

To ensure all license holders comply with continuing education requirements to retain or renew a license. ## Footnote This program is essential for maintaining the competence of licensed professionals.

Question 186

What must each license holder do to retain or renew their license?

Answer 186

Comply with the continuing education requirements established by department rule. ## Footnote This compliance is crucial for the validity of their license.

Question 187

What are the two main responsibilities of the department regarding the Technician Training Program?

Answer 187

1. Develop or approve a training program for licensed technicians and applicants. 2. Require applicants to complete the training program. ## Footnote This ensures that all technicians are adequately trained.

Question 188

Who collaborates with the department to develop educational and training materials for the training program?

Answer 188

The Texas Agricultural Extension Service or any other institution of higher education. ## Footnote Collaboration with educational institutions enhances the quality of training materials.

Question 189

List three topics that must be included in the technician training program.

Answer 189

* Recognition of pests and pest damage. * Pesticide labels and label comprehension. * Pesticide safety. ## Footnote These topics are crucial for ensuring safe and effective pest control.

Question 190

What procedures are included in the technician training program?

Answer 190

* Immediate reporting of spills and misapplications. * Application equipment and techniques. * Emergency procedures and pesticide cleanup. ## Footnote These procedures are vital for minimizing environmental and health risks.

Question 191

What basic principles must be covered in the training program?

Answer 191

* Mathematics. * Chemistry. * Toxicology. * Entomology. ## Footnote Understanding these principles is essential for effective pest management.

Question 192

What nonchemical pest control techniques are included in the training program?

Answer 192

* Biological techniques. * Mechanical techniques. * Prevention techniques. ## Footnote These techniques provide alternatives to chemical pest control methods.

Question 193

True or False: The department may create a technician training program advisory committee.

Answer 193

True. ## Footnote This committee can assist in the development of the training program.

Question 194

What can the department do regarding training programs not developed by them?

Answer 194

Approve a training program if it meets the standards adopted by the department. ## Footnote This allows for flexibility in training options while maintaining quality.

Question 195

Fill in the blank: Completion of a training program approved by the department satisfies _______.

Answer 195

[Subsection requirements for technician licensing]. ## Footnote This approval is essential for the validity of the training received.

Question 196

What may the department require from each applicant regarding new developments in pest control?

Answer 196

Proof of study by: * Attending approved training courses * Taking additional examinations on the new developments only ## Footnote This is applicable when the department determines that new developments are significant for public protection.

Question 197

What fee may the department charge related to training programs?

Answer 197

A fee to: * Purchase or borrow materials developed for the technician training program * Each course considered for approval under Section 1951.352 ## Footnote The fee amount will recover the costs of the program.

Question 198

What is required to qualify for a certified applicator's license?

Answer 198

Passing an examination demonstrating competence in structural pest control ## Footnote This is outlined in Section 1951.401.

Question 199

What must an applicant for a technician license do?

Answer 199

Pass an examination developed and administered by the department or a designated person ## Footnote This requirement is stated in Section 1951.402.

Question 200

What must a person pay when applying to take an examination for a license?

Answer 200

An examination fee, established by department rule, for each category of examination ## Footnote The fee is non-refundable except as provided by department rule.

Question 201

What does the department need to provide to help applicants with examinations?

Answer 201

A public list of study materials and educational seminars ## Footnote This is to assist applicants in successfully completing any examination as per Section 1951.404.

Question 202

What is the time frame for notifying examinees of their results after a licensing examination is administered?

Answer 202

Not later than the 30th day after the examination date ## Footnote If graded by a national testing service, results are notified within 14 days of receipt.

Question 203

What must the department do if the results of an examination graded by a national testing service are delayed for more than 90 days?

Answer 203

Notify each examinee of the reason for the delay before the 90th day ## Footnote This ensures transparency regarding delays.

Question 204

What must the department provide to a person who fails a licensing examination if requested in writing?

Answer 204

An analysis of the person's performance on the examination ## Footnote This allows the examinee to understand their weaknesses.

Question 205

What does the department's written policy governing licensing examinations include regarding examination design?

Answer 205

Procedures to improve the design and construction of examinations ## Footnote This aims to enhance the quality and effectiveness of assessments.

Question 206

What is one of the required procedures for the administration of examinations according to the examination policy?

Answer 206

Procedures for administering the examinations ## Footnote This ensures consistent application of examination protocols.

Question 207

What procedure must the examination policy include regarding the development of examinations?

Answer 207

A procedure for seeking assistance from experts in various fields ## Footnote Fields include structural pest control and examination validation.

Question 208

What is a requirement for maintaining the examination according to the policy?

Answer 208

A schedule for examination revision and maintenance ## Footnote Regular updates are crucial for keeping examinations relevant.

Question 209

Fill in the blank: The examination policy must include a procedure to routinely analyze and _______.

Answer 209

validate examinations ## Footnote This is essential for ensuring the reliability of the examination results.

Question 210

What is one of the components that the examination policy must specify regarding the question bank?

Answer 210

The development of a bank of questions for each examination ## Footnote This allows for a diverse set of questions to be used in assessments.

Question 211

What must the examination policy include about the number and type of questions for each examination?

Answer 211

Guidelines for developing examinations from the bank of questions ## Footnote This ensures that the examinations are well-structured and balanced.

Question 212

Who is responsible for making periodic reports on examination issues to the commissioner?

Answer 212

The person responsible for examination development ## Footnote This accountability helps in addressing any issues in the examination process.

Question 213

What must a written contract for pest control services include?

Answer 213

The department's mailing address and telephone number, and a statement that the department has jurisdiction over individuals licensed under this chapter. ## Footnote This ensures transparency and accountability in pest control services.

Question 214

How long must records of pesticide use be maintained by a license holder?

Answer 214

At least two years on the license holder's business premises. ## Footnote This is crucial for compliance and safety regulations.

Question 215

Who is responsible for maintaining records for a certified noncommercial applicator?

Answer 215

The premises of the person's employer for at least two years. ## Footnote These records must also be available for inspection during normal operating hours.

Question 216

What is required before indoor pest control treatment at a private residence?

Answer 216

A pest control information sheet must be made available to the owner of the residence before treatment begins. ## Footnote This sheet is developed under Section 1951.254.

Question 217

For which type of residential rental property must a pest control information sheet be provided to tenants?

Answer 217

For residential rental properties with fewer than five rental units. ## Footnote Each tenant must receive this information before treatment.

Question 218

What additional requirements exist for residential rental properties with five or more rental units?

Answer 218

A pest control information sheet and a pest control sign must be provided to the owner or manager, who must notify residents by: * Posting the sign in a common access area at least 48 hours before treatment * Leaving the information sheet on the front door of each unit or in a conspicuous place inside each unit at least 48 hours before treatment. ## Footnote This ensures that all residents are informed of the treatment in advance.

Question 219

What is required for indoor pest control treatments at a workplace?

Answer 219

A certified applicator or technician must make available a pest control information sheet and a pest control sign to the employer or building manager. ## Footnote This is mandated under Section 1951.254.

Question 220

How must the employer or building manager notify employees about planned pest control treatments?

Answer 220

By posting the pest control sign at least 48 hours before treatment and providing the information sheet upon request. ## Footnote Notification must be in an area of common access.

Question 221

In which types of buildings must a pest control information sheet and sign be made available?

Answer 221

* Hospital * Nursing home * Hotel * Motel * Lodge * Warehouse * Food-processing establishment * School * Day-care center ## Footnote These buildings have specific notification requirements outlined in Section 1951.455.

Question 222

What specific information must schools or day-care centers provide to parents during registration?

Answer 222

* Periodic indoor pesticide applications * Availability of pesticide application information upon request ## Footnote This is part of the notification requirements for schools and day-care centers.

Question 223

What does Section 1951.456 state regarding emergency treatments?

Answer 223

The notice requirement of at least 48 hours before treatment may be waived for emergency treatments. ## Footnote This flexibility is important for urgent pest control situations.

Question 224

What is the consequence of an unauthorized person removing a posted pest control sign?

Answer 224

A person is not considered in violation if the sign is posted as required but removed by an unauthorized person. ## Footnote This provides legal protection for those responsible for posting the sign.

Question 225

Fill in the blank: A certified applicator must provide a pest control information sheet to the _______.

Answer 225

[employer or building manager]

Question 226

True or False: The pest control sign must be posted at least 24 hours before treatment.

Answer 226

False ## Footnote The sign must be posted at least 48 hours before treatment.

Question 227

What sections outline the rules for pest control information and signage?

Answer 227

Sections 1951.453-1951.455 ## Footnote These sections detail the requirements and procedures for pest control notifications.

Question 228

What is required for outdoor treatments at a private residence that is not rental property?

Answer 228

A certified applicator or technician shall make available a pest control information sheet before the treatment begins ## Footnote This requirement is established under Section 1951.457(a)

Question 229

What must be provided for outdoor treatments at residential rental properties with fewer than five rental units?

Answer 229

A pest control information sheet must be made available at each unit at the time of treatment ## Footnote This is specified in Section 1951.457(b)

Question 230

Under what condition can the department adopt rules for pest control information sheet distribution?

Answer 230

If the department determines that distribution or posting would protect the public's health, safety, and welfare ## Footnote Refer to Section 1951.457(c)

Question 231

Can a certified noncommercial applicator or technician engage in structural pest control outside their employment scope?

Answer 231

No, unless the person becomes licensed as otherwise provided by this chapter ## Footnote This is outlined in Section 1951.458(a)

Question 232

Is it possible for a certified noncommercial applicator or technician to work without a structural pest control business license?

Answer 232

Yes, they may engage in the business of structural pest control without association with a licensed business ## Footnote See Section 1951.458(b)

Question 233

What types of buildings can obtain pest control services only through licensed individuals?

Answer 233

Apartment buildings, day-care centers, hospitals, nursing homes, hotels, motels, lodges, warehouses, schools, and food-processing establishments ## Footnote This is detailed in Section 1951.459

Question 234

How can an owner obtain pest control services for certain buildings?

Answer 234

By contracting with a licensed person or requiring a licensed employee to perform the services ## Footnote Refer to Section 1951.459(1) and (2)

Question 235

What does 'parent company' refer to in the context of structural pest control?

Answer 235

An individual or a partnership, corporation, or other business entity holding one or more structural pest control business licenses. ## Footnote This definition clarifies the entities that fall under the regulatory scope of the commissioner.

Question 236

What actions can the commissioner take if a structural pest control business license holder fails to comply with standards?

Answer 236

The commissioner may refuse to: * examine the applicant * issue a license to the applicant * issue a business license to the parent company. ## Footnote These actions are contingent upon a determination of substantial non-compliance after notice and a hearing.

Question 237

True or False: The sections regarding certain disciplinary powers were repealed in 2009.

Answer 237

True ## Footnote Sections 1951.501(c) and 1951.501(d) were repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 7.19(5), effective September 1, 2009.

Question 238

What right does a person have if the commissioner proposes to suspend or revoke their license?

Answer 238

The person is entitled to a hearing before the commissioner or a hearings officer appointed by the commissioner. ## Footnote This ensures due process in disciplinary actions.

Question 239

What must the commissioner establish regarding decisions to suspend or revoke licenses?

Answer 239

Procedures by which a decision to suspend or revoke a license is made by or is appealable to the commissioner. ## Footnote This provides a structured approach to handling license suspensions or revocations.

Question 240

Where can an applicant or license holder appeal an order or action of the commissioner?

Answer 240

In a district court of Travis County. ## Footnote This specifies the jurisdiction for appeals related to disciplinary actions.

Question 241

What is the time frame for filing a notice of appeal after the commissioner issues an order?

Answer 241

Not later than the 30th day after the date the commissioner issues the order. ## Footnote This establishes a clear deadline for initiating appeals.

Question 242

What rule governs the hearing in district court for appeals from the commissioner?

Answer 242

The substantial evidence rule. ## Footnote This rule dictates the standard of review that the court will apply to the commissioner's decisions.

Question 243

Who must approve a settlement of a contested case under Chapter 2001, Government Code?

Answer 243

The commissioner. ## Footnote This requirement ensures oversight and consistency in settlements.

Question 244

What does the department need to establish regarding the settlement of contested cases?

Answer 244

Guidelines for the settlement of a contested case under Chapter 2001, Government Code. ## Footnote This allows for a formalized process in handling disputes.

Question 245

Can the commissioner authorize informal settlement negotiations?

Answer 245

Yes, the commissioner may authorize the department to conduct informal settlement negotiations to resolve a complaint. ## Footnote This provides flexibility in resolving issues without formal proceedings.

Question 246

What is the maximum amount a license holder may be required to refund in an informal settlement?

Answer 246

The amount provided under the original contract for services by the license holder. ## Footnote This limit ensures that consumers cannot claim more than what they originally agreed to in their contract.

Question 247

What does an informal settlement under Subsection (c) not release the license holder from?

Answer 247

Any liability for a misapplication. ## Footnote This means that even if a settlement is reached, the license holder can still be held accountable for misapplications.

Question 248

What are the guidelines for the informal settlement of consumer complaints established by?

Answer 248

The department by rule. ## Footnote This indicates that the department has the authority to set specific rules regarding how informal settlements should be handled.

Question 249

Can a license revoked under Section 1951.501 be renewed?

Answer 249

No. ## Footnote A revoked license cannot be renewed, indicating a serious violation or issue.

Question 250

When can a person whose license is revoked apply for a new license?

Answer 250

Until the first anniversary of the effective date of the revocation. ## Footnote This creates a mandatory waiting period before a new application can be considered.

Question 251

What may happen if the commissioner revokes the license of a certified applicator in one category?

Answer 251

The commissioner may place the applicator on probation for any other category in which the applicator is licensed. ## Footnote This allows for oversight of the applicator's other licenses while addressing the revocation.

Question 252

Under what circumstances can the commissioner temporarily suspend a license?

Answer 252

If continued practice constitutes a continuing and imminent threat to the public welfare or environment. ## Footnote This provision allows for immediate action to protect public safety.

Question 253

Can a license be suspended without notice or hearing?

Answer 253

Yes, if action is taken to initiate proceedings for a hearing simultaneously with the temporary suspension. ## Footnote This allows for quick protective measures while still planning for due process.

Question 254

When must the State Office of Administrative Hearings hold a preliminary hearing after a temporary suspension?

Answer 254

Not later than the 14th day after the date of the temporary suspension. ## Footnote This ensures a timely review of the circumstances surrounding the suspension.

Question 255

When must a final hearing on the matter of temporary suspension be held?

Answer 255

Not later than the 61st day after the date of the temporary suspension. ## Footnote This timeline ensures that matters are resolved promptly to avoid prolonged uncertainty.

Question 256

What action does the commissioner take if an applicator misapplies pesticides?

Answer 256

The commissioner shall institute an enforcement action against the applicator. ## Footnote This policy is to be adopted by the department by rule to implement this section.

Question 257

What is the range of civil penalties for violating the chapter or a rule, license, or order of the commissioner?

Answer 257

Not less than $50 or more than $2,000 for each act of violation and for each day of violation. ## Footnote This is specified in Section 1951.602(a).

Question 258

What can the commissioner seek in a civil action if there is a violation or threat of violation?

Answer 258

Injunctive relief, assessment and recovery of a civil penalty, or both. ## Footnote This is outlined in Section 1951.602(b).

Question 259

What must the district court do upon application for injunctive relief if a violation is found?

Answer 259

The district court shall grant injunctive relief as the facts warrant. ## Footnote This is stated in Section 1951.602(c).

Question 260

Who may institute and conduct an action for injunctive relief at the request of the commissioner?

Answer 260

The attorney general. ## Footnote This is mentioned in Section 1951.602(d).

Question 261

What constitutes an offense under Section 1951.603?

Answer 261

Violating the chapter, violating a rule adopted under Section 1951.205 or 1951.206, or intentionally making a false statement in a license application. ## Footnote This is detailed in Section 1951.603(a).

Question 262

How is each day of violation treated under Section 1951.603?

Answer 262

Each day a violation occurs is a separate offense. ## Footnote This is specified in Section 1951.603(b).

Question 263

What is the classification of an offense under Section 1951.603 if it is not otherwise provided?

Answer 263

Class C misdemeanor. ## Footnote If the person has been previously convicted of an offense under this section, it is a Class B misdemeanor.

Question 264

What does 'Adjacent' refer to in the context of pest control?

Answer 264

An area having a common wall, ceiling, or floor.

Question 265

What is 'Apprentice registration'?

Answer 265

A registration by a commercial or noncommercial business entity of an individual who is training and/or performing structural pest control services for the business.

Question 266

Define 'Area of common access'.

Answer 266

An area that an individual is likely to be present in or at on a regular basis, such as a building entranceway, mailboxes, laundry rooms, beverage machines, building bulletin boards, hallways, etc.

Question 267

What is the time frame of a 'Calendar year'?

Answer 267

January 1 to December 31.

Question 268

What does 'Category' refer to in structural pest control?

Answer 268

A type of structural pest control that an individual licensee or business licensee is authorized to perform.

Question 269

What is a 'CEU'?

Answer 269

Continuing education unit.

Question 270

Who is the 'Chairman' in the context of the Structural Pest Control Advisory Committee?

Answer 270

An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings.

Question 271

What is the 'Committee' referred to in the document?

Answer 271

The Structural Pest Control Advisory Committee, an eleven-member committee appointed by the Commissioner.

Question 272

What is the role of the 'Committee'?

Answer 272

To gather information and advise the Commissioner and the department on the business of structural pest control.

Question 273

What is a 'Course provider'?

Answer 273

The person, company, or organization that compiles, organizes, writes and/or produces category specific training of continuing education courses.

Question 274

What does 'Effective Date' refer to?

Answer 274

The beginning date an employee (e.g. Apprentice) is registered to a business licensee.

Question 275

What is an 'Inactive license'?

Answer 275

A license for which certification requirements have been maintained, but technicians and certified applicators are prohibited from legally engaging in structural pest control services, advertising, or solicitation.

Question 276

Define 'Infest'.

Answer 276

To exist in, on, around or invade a structure in a manner that may limit the use or enjoyment of, or cause harm or damage to: households, railroad cars, ships, docks, trucks, airplanes, or other structures, or its contents, or its inhabitants, including any humans or pets; pests, unwanted plants or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building or street.

Question 277

What is Integrated Pest Management (IPM)?

Answer 277

A pest management strategy that relies on multiple pest control tactics, including judicious use of pesticides, informed by accurate identification and scientific knowledge of pests, reliable monitoring methods, preventative measures, and thresholds for corrective control measures. ## Footnote IPM emphasizes a holistic approach to pest control, integrating various methods for effective management.

Question 278

Define 'Other noncommercial entity'.

Answer 278

Any workplace with three (3) or more full-time employees. ## Footnote This definition is important for understanding regulations regarding pest control in certain workplaces.

Question 279

What does 'Physically present' mean in a workplace context?

Answer 279

Face-to-face contact at a work location where supervisor and supervisee are physically in the same space. ## Footnote This excludes video or audio calls using electronic devices.

Question 280

What is a self-study course?

Answer 280

A self-study, online or electronic course taken for the purpose of continuing education or training. ## Footnote These courses are often used by professionals to maintain or enhance their qualifications.

Question 281

What does SPCA stand for?

Answer 281

Texas Structural Pest Control Act, Texas Occupations Code, Chapter 1951. ## Footnote This act governs the licensing and regulation of pest control professionals in Texas.

Question 282

What is TPCL?

Answer 282

Texas Pest Control License. ## Footnote This license is required for individuals or businesses providing pest control services in Texas.

Question 283

Who is the Vice-Chairman in the context of the Structural Pest Control Advisory Committee?

Answer 283

An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings in the absence of the Chairman. ## Footnote This role is crucial for maintaining the functionality of the committee.

Question 284

What does WDIR stand for?

Answer 284

Texas Official Wood Destroying Insect Report. ## Footnote This report is used to document the presence of wood destroying insects in structures.

Question 285

Define Wood Destroying Insect (WDI).

Answer 285

Insects that consume wood for food or use wood to propagate offspring. Examples include: * Termites * Wood-boring beetles * Carpenter bees ## Footnote WDIs are significant for pest control as they can cause structural damage.

Question 286

What is defined as a 'Workplace'?

Answer 286

Any non-residence structure with three (3) or more full-time paid employees that is treated by a licensed business or a certified noncommercial applicator. ## Footnote This definition is essential for understanding the scope of pest control regulations.

Question 287

True or False: The Texas Pest Control License (TPCL) is necessary for all pest control professionals in Texas.

Answer 287

True ## Footnote The TPCL ensures that pest control services are performed by qualified individuals.

Question 288

Fill in the blank: The provisions of the Texas Structural Pest Control Act are located in Chapter _______ of the Texas Occupations Code.

Answer 288

1951 ## Footnote This chapter outlines the laws governing pest control in Texas.

Question 289

What is the effective date of the latest amendment to the Texas Structural Pest Control Enforcement?

Answer 289

January 16, 2023. ## Footnote This date marks the most recent updates to the enforcement rules.

Question 290

What is required for any person engaged in structural pest control for compensation?

Answer 290

Must secure a business license in the business's operating name for each business location ## Footnote This includes branch offices.

Question 291

Who must a business license holder designate for each business location?

Answer 291

A responsible certified commercial applicator ## Footnote The designated person cannot serve as a responsible certified commercial applicator for any other business licensee.

Question 292

What is the role of a Responsible Certified Commercial Applicator?

Answer 292

Responsible for training and supervision of all pest control operations of the business ## Footnote May be employed by other business locations but can only be designated for one business license location.

Question 293

What defines a Certified Commercial Applicator?

Answer 293

Licensed in at least one category, can perform pest control services without direct supervision ## Footnote Must hold a separate license for every business they are employed with.

Question 294

Who is a Certified Noncommercial Applicator?

Answer 294

An employee of a governmental entity or noncommercial entity licensed in at least one category ## Footnote They may perform pest control services without direct supervision.

Question 295

What is the responsibility of a Responsible Certified Noncommercial Applicator?

Answer 295

Responsible for training, supervision, and records of all noncommercial apprentices and technicians ## Footnote Designated by the noncommercial entity.

Question 296

What is the definition of a Technician in pest control?

Answer 296

Licensed in at least one category, performs services under direct supervision of a certified applicator ## Footnote Must be licensed for every business or noncommercial entity they are employed with.

Question 297

What is an Apprentice in the context of pest control?

Answer 297

A sales or service employee registered to complete training for a technician license ## Footnote May only work for the business or noncommercial entity they are registered with.

Question 298

What is required for an application for a business license or technician license under RULE $7.122?

Answer 298

The application must be complete and submitted on a form prescribed by the department.

Question 299

What may happen if complete and accurate information is not provided in a license application?

Answer 299

It may result in a change of effective date of employment as documented by the department.

Question 300

Under what conditions can a license application be denied according to RULE $7.122?

Answer 300

If a similar license has been revoked, suspended, probated, or denied in the preceding five-year period.

Question 301

What defines a 'similar' license as per the guidelines?

Answer 301

A license issued for the practice of an occupation providing professional services in-person.

Question 302

What must licensees and applicants residing outside of Texas do according to RULE $7.122?

Answer 302

Designate in writing a resident agent for service of process in Texas.

Question 303

What are the citizenship requirements for a resident agent under RULE $7.122?

Answer 303

The resident agent must be a citizen of Texas and maintain a permanent address within the state.

Question 304

What is the minimum insurance coverage required for business license applicants under RULE $7.123?

Answer 304

Not less than $500,000 for bodily injury and property damage, with a total aggregate of $1,000,000.

Question 305

When will a new business license or certified noncommercial applicator license be issued?

Answer 305

Only after insurance requirements are met.

Question 306

What must the insurance policies contain according to RULE $7.123?

Answer 306

A cancellation provision for notification to the department not less than thirty days prior to cancellation.

Question 307

What insurance requirement must a wood treater licensee meet under RULE $7.123?

Answer 307

Submit a general liability insurance policy or certificate of coverage in an amount not less than $500,000.

Question 308

What happens if payment of claims reduces the total aggregate coverage below $1,000,000?

Answer 308

The insurance carrier must notify the department and the licensee within ten business days.

Question 309

Fill in the blank: A licensee must obtain additional coverage to meet the minimum requirements if payment of claims results in reducing the total aggregate of coverage below _______.

Answer 309

1,000,000

Question 310

Who is exempt from insurance requirements according to the regulations?

Answer 310

Inactive certified applicators and technicians not performing structural pest control work for compensation ## Footnote This includes those whose duties do not involve pest control as part of their employment

Question 311

Which group of certified applicators is exempt from insurance requirements?

Answer 311

Certified noncommercial applicators employed by governmental entities ## Footnote These applicators work for government bodies and thus do not need insurance

Question 312

What type of insurance policies are considered valid according to the section?

Answer 312

Insurance policies issued by insurers authorized by or registered with the Texas Department of Insurance ## Footnote Only these policies meet the regulatory requirements

Question 313

What must a structural pest control commercial business maintain during the licensure period?

Answer 313

General liability insurance with the required minimum coverage ## Footnote This is necessary for compliance with licensing regulations

Question 314

What is the first category of pest control license?

Answer 314

Pest Control ## Footnote Involves inspection or control of pests that may invade structures without attacking the building itself

Question 315

Name three examples of pests that fall under the Pest Control category.

Answer 315

* Cockroaches * Ants * Rats ## Footnote These pests can be general nuisances but do not typically damage structures

Question 316

What is the focus of the Termite and Wood Destroying Insect Control category?

Answer 316

Inspection or control of termites, beetles, and other wood destroying insects ## Footnote This includes wood preservation methods other than fumigation

Question 317

What does the Lawn and Ornamental category cover?

Answer 317

Inspection or control of pests or diseases of trees, shrubs, or other plantings ## Footnote This includes areas like parks and business establishments

Question 318

What does the Weed Control category involve?

Answer 318

Inspection or control of weeds in various environments ## Footnote This includes right-of-ways, homes, parks, and industrial areas

Question 319

What is Structural Fumigation?

Answer 319

Inspection or control of pests through fumigation of structures not intended to contain food, feed, or grains ## Footnote This is a specific method of pest control

Question 320

What is the purpose of Commodity Fumigation?

Answer 320

Inspection or control of pests through fumigation of processed or raw agricultural commodities ## Footnote This applies to structures used for storing agricultural commodities on farms

Question 321

What is wood preservation?

Answer 321

Pest control that involves the addition of preservatives to wood products to extend their life by protecting them from damage caused by insects, fungi, and marine borers.

Question 322

What are examples of wood products that may be preserved?

Answer 322

Examples include: * crossties * poles * posts

Question 323

What is included in the wood preservation process?

Answer 323

The re-treatment of power-line poles with wood preservative pesticide including fumigants.

Question 324

What is required for individuals seeking a license in wood preservation?

Answer 324

Each individual must pass an appropriate examination.

Question 325

What must an applicant submit prior to the examination?

Answer 325

An application specifying the examination category desired and payment of the fee for each exam requested.

Question 326

List the categories of examinations administered by the department.

Answer 326

Categories include: * Pest Control * Termite and Wood Destroying Insect Control * Lawn and Ornamental * Weed Control * Structural Fumigation * Commodity Fumigation * Wood Preservation

Question 327

Who may request to expedite their examination application?

Answer 327

Military members, military veterans, and military spouses.

Question 328

What must applicants present before taking an examination?

Answer 328

A photo identification issued by the Texas Department of Public Safety or an equivalent from another state.

Question 329

In what forms will examinations be administered?

Answer 329

Examinations will be administered in written or electronic form.

Question 330

In which language are examinations administered?

Answer 330

Examinations shall only be administered in English.

Question 331

What fees are associated with the examination process?

Answer 331

A fee shall be charged for each examination, and all examination fees must be paid as prescribed by the Department.

Question 332

What materials are allowed in the examination room?

Answer 332

Only calculators are allowed ## Footnote No written materials, scratch paper, or electronic devices may be brought into the examination room.

Question 333

What must be done with scratch paper provided during the exam?

Answer 333

It must be returned to the examination proctor ## Footnote Scratch paper will be provided, as necessary.

Question 334

What happens if an applicant does not take a scheduled examination?

Answer 334

No refund of the examination fee will be issued ## Footnote Applicants who do not take a scheduled examination shall not receive a refund of the examination fee.

Question 335

What is the minimum grade required to receive a certified applicator license?

Answer 335

A minimum grade of 70% ## Footnote Persons who make a minimum grade of 70% shall be issued a certified applicator license upon issuance of the grades.

Question 336

How long are individual exam scores valid?

Answer 336

12 months ## Footnote Individual exam scores are valid for only 12 months.

Question 337

True or False: Cheating is allowed during the examination.

Answer 337

False ## Footnote Cheating is prohibited.

Question 338

Define 'cheating' in the context of the examination.

Answer 338

Unauthorized assistance to answer examination questions ## Footnote Cheating consists of giving or receiving unauthorized assistance to answer examination questions.

Question 339

What constitutes 'unauthorized assistance'?

Answer 339

Any verbal, written or electronic communication made for the purpose of receiving or providing answers ## Footnote 'Unauthorized assistance' means any communication during the examination for the purpose of receiving or providing answers.

Question 340

What may happen if an examinee is determined to have cheated?

Answer 340

Current license may be suspended or revoked ## Footnote Upon a final determination that an examinee has cheated, any current license issued by the department is subject to suspension or revocation.

Question 341

What is required to obtain a certified commercial applicator license?

Answer 341

Pass the appropriate category examination and the general standards examination ## Footnote In addition to passing the appropriate category examination, each applicant must pass the general standards examination administered by the department.