106-65.22. Title. This Article shall be known by the title of "Structural Pest Control Act of North Carolina of 1955." It is declared to be the policy of this State that the regulation of persons, corporations and firms engaged in the business of structural pest control in this State, as defined in G.S. 106-65.25, is […]
106-65.23. Structural Pest Control and Pesticides Division of Department of Agriculture and Consumer Services recreated; Director; powers and duties of Commissioner; Structural Pest Control Committee created; appointment; terms; powers and duties; quorum. (a) There is recreated, within the North Carolina Department of Agriculture and Consumer Services, a Division to be known as the Structural Pest […]
106-65.24. Definitions. As used in this Article: (1) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. (1a) "Applicant for a certified applicator’s identification card" means any person making application to use restricted use pesticides in any phase of structural pest control. (2) "Applicant […]
106-65.25. Phases of structural pest control; prohibited acts; license required; exceptions. (a) The Committee shall classify license phases to be issued under this Article. Separate phases or subphases shall be specified for: (1) Control of household pests by any method other than fumigation ("P" phase); (2) Control of wood-destroying organisms by any method other than […]
106-65.26. Qualifications for certified applicator and licensee; applicants for certified applicator’s identification card and license. (a) An applicant for a certified applicator’s identification card or license must present satisfactory evidence to the Committee concerning his qualifications for such card or license. (b) Certified Applicator. – Each applicant for a certified applicator’s identification card must demonstrate […]
106-65.27. Examinations of applicants; fee; license not transferable. (a) Certified Applicator. – All applicants for a certified applicator’s identification card shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. Competency shall be determined on the basis of written examinations to be provided and administered by the Committee […]
106-65.28. Revocation or suspension of license or identification card. (a) Any license or certified applicator’s identification card or registered technician’s identification card may be denied, revoked or suspended by a majority vote of the Committee for any one or more of the following causes: (1) Misrepresentation for the purpose of defrauding; deceit or fraud; the […]
106-65.29. Rules and regulations. In order to ensure that persons licensed and certified under this Article are capable of performing a high quality of workmanship, the Committee may adopt rules with respect to: (1) The amount and kind of training required of an applicant for a license and certified applicator’s card to engage in any […]
106-65.30. Inspectors; inspections and reports of violations; designation of resident agent. (a) For the enforcement of the provisions of this Article the Commissioner is authorized to appoint one or more qualified inspectors and such other employees as are necessary in order to carry out and enforce the provisions of this Article. The inspectors shall be […]
106-65.31. Annual certified applicator card and license fee; registration of servicemen, salesmen, solicitors, and estimators; identification cards. (a) Certified Applicator’s Identification Card. – The fee for issuance or renewal of a certified applicator’s identification card shall be fifty dollars ($50.00). Within 75 days after the employment of a certified applicator, the licensee shall apply to […]
106-65.32. Administrative Procedure Act applicable. A denial, suspension, or revocation of a license, certified applicator card, or identification card under this Article shall be made in accordance with Chapter 150B of the General Statutes. (1955, c. 1017; 1957, c. 1243, s. 5; 1967, c. 1184, s. 11; 1973, c. 556, s. 11; 1975, c. 570, […]
106-65.33. Violation of Article, falsification of records, or misuse of registered pesticide a misdemeanor. (a) Any person who shall be adjudged to have violated any provision of this Article or who falsifies any records required to be kept by this Article or by the rules and regulations pursuant to this Article or who uses a […]
106-65.36. Reciprocity; intergovernmental cooperation. The Committee may cooperate or enter into formal agreements with any other agency of this State or its subdivisions or with any agency of any other state or of the federal government for the purpose of enforcing any of the provisions of this Article. (1973, c. 556, s. 13.)
106-65.37. Financial responsibility. (a) The Committee may require by regulation from a licensee or certified applicator or an applicant for a license or certified applicator’s identification card under this Article evidence of his financial ability to properly indemnify persons suffering from the use or application of pesticides in the form of liability insurance or other […]
106-65.38. Disposition of fees and charges. Except as otherwise provided in G.S. 106-65.41, all fees and charges received by the Division under this Article shall be deposited in the Department of Agriculture and Consumer Services General Fund Budget for the purpose of administration and enforcement of this Article, with proper approved accounting procedures accounting for […]
106-65.39. Judicial enforcement. The commissioner may apply to either the superior or district court for an injunction to prevent and restrain violations of this Article and the rules and regulations adopted under this Article, provided however, that the district court shall have original jurisdiction to hear and determine alleged misdemeanor violations of the Article and […]
106-65.40. City privilege license tax prohibited. A city, as defined in G.S. 160A-1(2), may not levy a privilege license tax on persons engaged in a business licensed under this Article. (1983, c. 193.)
106-65.41. Civil penalties. A civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Committee against any person for any one or more of the causes set forth in G.S. 106-65.28(a)(1) through (12) and G.S. 106-65.28(a)(14) and (15), or who violates or directly causes a violation of any provision of […]
