§ 43-45-1. Short Title
This chapter may be cited as the “Structural Pest Control Act.” History. Ga. L. 1955, p. 564, § 1. Law reviews. For article advocating more comprehensive laws regulating pesticide use, see 17 J. of Pub. L. 351 (1968).
§ 43-45-10. Registration of Employees and Agents; Registration Certificates; Employee Training
The license holder shall register with the secretary the names of all employees and agents within 30 days of their employment. Upon submission by the license holder of application and the appropriate fee established by the commission, registration certificates shall be issued by the secretary. Such certificates shall be carried on the person of the […]
§ 43-45-11. Transfer of Licenses, Certifications, and Registrations; Procedure Upon Change of Status of Licensee
A license, certification, or registration shall not be transferable. When there is a change in the status of a licensee, the licensee shall notify the commission immediately; and the licensee shall have not more than 90 days or until the next meeting of the commission following the expiration of the 90 day period to comply […]
§ 43-45-12. Suspension, Cancellation, and Revocation of Licenses, Certifications, and Registrations; Unlawful Acts
A license, certification, or registration may be suspended, canceled, or revoked by the Commissioner, after notice and hearing, for any violation of this chapter. However, the certification of any certified operator who fails to renew as required by regulations adopted by the commission shall automatically become revoked through operation of law upon the date of […]
§ 43-45-13. Restrictions on Advertising
No licensee or business entity represented by the licensee shall advertise or in any way use the words “bond” or “bonded” in any manner in connection with his pest control business operations unless the licensee or business entity shall have an instrument then in force, or that is available to each customer, that comes within […]
§ 43-45-14. Designation of Resident Agents by Nonresident Licensees and Certified Operators
Every nonresident licensee or certified operator shall designate a resident agent upon whom service of notice or process may be made to enforce this chapter or any liabilities arising from operations under this chapter. In the event no resident agent is designated, the Secretary of State shall be the resident agent of the nonresident for […]
§ 43-45-15. Issuance of Business License by Municipalities or Other Political Subdivisions; Local Business License Fees and Occupation Taxes
No municipal corporation or other political subdivision of the state may issue a business license to any person to engage in the business of structural pest control unless the applicant therefor shall submit proof of his compliance with this chapter. Persons licensed under this chapter shall be subject to Article 1 of Chapter 13 of […]
§ 43-45-16. Promulgation of Regulations
The commission and the Commissioner may promulgate such regulations as are necessary to establish, obtain approval of, and implement a state plan for certification of applicators, pursuant to Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. History. Ga. L. 1976, p. 308, § 6; Ga. L. 1994, p. 97, § 43. […]
§ 43-45-17. Enforcement Authority of Commissioner
The Commissioner is authorized and directed to enforce this chapter and rules and regulations promulgated under this chapter and is authorized to utilize any employee of the Department of Agriculture. The Commissioner may inspect any materials used or work performed by persons engaged in the business of household pest control, wood-destroying organism control, or fumigation […]
§ 43-45-18. Applicability of the “Georgia Administrative Procedure act.”
Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Ga. L. 1955, p. 564, § 18; Ga. L. 1960, p. 813, § 13.
§ 43-45-19. Inspection of Licensees’ Records by Commissioner
The Commissioner or his agents shall have during regular business hours the right to see, examine, and inspect any and all records of any licensee pertaining to the operations of the licensee within the provisions of this chapter. History. Ga. L. 1957, p. 299, § 8; Ga. L. 1960, p. 813, § 12.
§ 43-45-2. Definitions
As used in this chapter, the term: “Applicant” means any persons or any person in charge of any individuals, firm, partnership, corporation, association, or any other organization or any combination thereof making application for a license to engage in operations regulated by this chapter, or any other person making application for certification or registration under […]
§ 43-45-20. Injunctions
The Commissioner may institute a civil action to enjoin any violation of this chapter or any rule or regulation promulgated under this chapter. A violation of this chapter or any rule or regulation promulgated pursuant to this chapter is declared to constitute a public nuisance, and such action for injunction may be maintained notwithstanding the […]
§ 43-45-21. Exceptions to Operation of Chapter
This chapter shall not apply to any person doing work on his own property or to any regular employee of any person, firm, or corporation doing work on the property of such person, firm, or corporation under the direct supervision of the person who owns or has charge of the property on which the work […]
§ 43-45-22. Authority to Refuse License to Applicant Convicted of Violation of Chapter
Nothing in this chapter shall require the commission to issue a license to an applicant who has been convicted of a violation of this chapter. History. Ga. L. 1955, p. 564, § 20; Ga. L. 1957, p. 299, § 10.
§ 43-45-23. Interference With or Obstruction of Inspector
Any person who shall interfere with or obstruct any inspector or other employee or agent of an authorized enforcement agency in the performance of his duties shall be guilty of a misdemeanor. History. Ga. L. 1957, p. 299, § 12.
§ 43-45-24. Engaging in Pest Control Business Without a License; Engaging in Field Work or Soliciting Accounts Without Registering or Obtaining Certification
Any person, firm, corporation, association, or any other organization or combination thereof who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operator-owner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying […]
§ 43-45-24.1. Civil Penalty; Negotiated Settlements; Hearings and Procedure; Disposition of Penalties; Judicial Review; Judgments
Any licensee, operator, registered employee, or any other person violating this chapter, any rule or regulation of the commission or the Commissioner promulgated pursuant to this chapter, or any condition or limitation of any license or registration imposed pursuant to this chapter may be liable for a civil penalty of not more than $10,000.00 per […]
§ 43-45-25. Penalty
Except as otherwise provided in this chapter, any person violating this chapter shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in […]
§ 43-45-3. Creation of Commission; Composition; Vacancies; Number of Members Who May Represent a Single Business Entity
There is created a State Structural Pest Control Commission to consist of seven members, three of whom shall be residents of this state who are engaged in the pest control industry and who are certified operators under this chapter. Such members shall be appointed by the Commissioner. One member shall be the head of the […]