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Contractor's Termite Pest Control Az - PDF

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					                           NOTICE OF COMMISSION MEETING
                                  FRIDAY, March 12, 2004
                                          9:30 A.M.
                             Structural Pest Control Commission
                              9535 E. Doubletree Ranch Road
                                    Scottsdale, AZ 85258

     Note: Comments on any item may be made to the Commission by attending the meeting to
     speak, or communicating with Lisa Gervase at lisagervase@sb.state.az.us, fax (602) 255-
                   1281, mail at the above address, or phone (602) 255-3664.

Please quiet your cellular telephones and pagers. Do not hold telephone or other conversations
in the hallway outside of the Commission room, as voices carry.

Pursuant to A.R.S. § 38-431.02, notice is given to the members of the Structural Pest Control
Commission and to the General Public that the Structural Pest Control Commission will hold a
meeting open to the public, as indicated in the following agenda.

Pursuant to A.R.S. § 38-431.03(A)(3), the Commission may vote to go into executive session to
obtain legal advice for matters on the agenda. Pursuant to A.R.S. § 38-431.03(A)(2), the
Commission may vote to go into executive session to discuss records exempt from public
inspection. Pursuant to A.R.S. § 38-431.03(A)(1), the Commission may vote to go into executive
session to discuss personnel matters. The executive session will not be open to the public. All
items under discussion or for consideration are subject to possible decision and vote by the
Commission.

                                           AGENDA

I.       Call to order (Chairperson), Commissioner roll call (Ms. Vazquez)



                                               1
II.    Call to the public (Chairperson). Each speaker is limited to five minutes. This is the time for the
       public to comment. Members of the Commission may not discuss items that are not on the agenda.
       Therefore, action taken as a result of public comment are limited to directing staff to study the
       matter or scheduling the matter for further consideration and decision at a later date.

III.   Communication with Commissioners (Chairperson)

IV.    Consent Agenda

         Items will be read and voted on in one group excluding those pulled for discussion. Any
matter on the Consent Agenda will be removed from the Consent Agenda and discussed as a
regular agenda item upon the request of any Commissioner. All persons are encouraged to stay
for the entire Commission meeting. However, a person who appears for a matter on the consent
agenda may leave after the Commission approves the consent agenda in its one vote; and a
person who appears for a matter on the consent agenda that was pulled from the consent agenda
is free to leave after the Commission votes on that matter.

      For new business and existing business license applicants, if applicants do not appear and
the Commissioners have questions, those applications may be denied or tabled to a future
meeting.

       A. Applications for New Business License (Mr. Tolton)

               1. Camp, Thomas L.                       City of Litchfield Park (Activating Qualifying
                                                        Party for new business license in “B1” General
                                                        Pest/Public Health, “B2" Wood Destroying
                                                        Insect-Control, “B3" Right of Way/Weed
                                                        Control, “B5" Turf & Ornamental and “B8"
                                                        Wood Destroying Insect Inspection) . TAB 1

               2. Connors, Norman                       All Guard Pest Control, LLC (Activating
                                                        Qualifying Party for new business license in “B1”
                                                        General Pest/Public Health) . . . . TAB 2

               3. Dickson, Shirley                      Seniors Termite & Pest Control, Inc.
                                                        (Activating Qualifying Party for new business
                                                        license in “B1" General Pest/Public Health, “B2"
                                                        Wood Destroying Insect-Control, and “B8"
                                                        Wood Destroying Insect Inspection) . . . . . . .
                                                          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 3



                                                   2
       4. Goings, III; John W.                SBM Cleaning Company of Oregon, LLC
                                              (Activating Qualifying Party for new business
                                              license in “B3” Right of Way/Weed Control and
                                              “B5" Turf & Ornamental) . . . . . . . . . TAB 4

       5. Hoffman, Sr.; Dallas R.             Instar (Activating Qualifying Party for new
                                              business license in “B1” General Pest/Public
                                              Health) . . . . . . . . . . . . . . . . . . . . . . . TAB 5

       6. Moore, Gina Lorine                  Moore’s Family Termite Control (Activating
                                              Qualifying Party for new business license in “B2"
                                              Wood Destroying Insect-Control and “B8"
                                              Wood Destroying Insect Inspection) . . . TAB 6

       7. Potkonjak, Nikola         A Bee C Beekeepers & Exterminators (Activating
                                    Qualifying Party for new business license in “B1" General
                                    Pest/Public Health)
                                             . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 7

B. Applications for Existing Business License (Mr. Tolton)

       1. Hogue, Kevin L.                     Terminix Commercial (Activating Qualifying
                                              Party for existing business license in “B1" General
                                              Pest/Public Health) . . . . . . . . . . . . . . TAB 8

       2. Kuta, Jason Michael                 A b a t e P e s t M a n a g e m e n t (Activating
                                              Qualifying Party for existing business license in
                                              “B2" Control of Wood Destroying-Insects and
                                              “B8" Wood Destroying Insect Inspection) . . . .
                                              . . . . . . . . . . . . . . . . . . . . . . . . . . .TAB 9

       3. Lund, Eric Gordon                   Norstar Pest Control, LLC (Activating
                                              Qualifying Party for existing business license in
                                              “B1" General Pest/Public Health) . . . . . . . . . .
                                               . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 10

       4. Lyng, William Arthur                Natur Zone of Arizona, LLC (Activating
                                              Qualifying Party for existing business license in
                                              “B1" General Pest/Public Health) . . . . . . . . . .
                                               . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 11

                                        3
For Qualifying Party applicants, Temporary Qualifying Party Applicants, renewal applicants, and name
change requests, if applicants do not appear and the Commissioners have questions those applications may
be denied or tabled to a future meeting. An applicant that the Commission approves to sit for an exam is
approved subject to a clean background report. If the background report reflects information that was not
disclosed on the application, the applicant will not be allowed to sit for an exam and the application will be
placed on a future agenda for the Commission’s reconsideration.

        C. Applicants for QP Testing (Mr. Tolton)

                1. Anderson, James Willard “B3 and B5" (Right of Way/Weed Control and Turf &
                                           Ornamental) . . . . . . . . . . . . . . . . . . . . . . . . TAB 12

                2. Branum, Gary Lafon                      “B3” (Right of Way/Weed Control).        TAB 13

                3. Ford, Jeffrey Lynn                      “B2 and B8" (Wood Destroying Insect-Control
                                                                                                TAB 14
                                                           and Wood Destroying Insect Inspection)

                4. Gillispie, Michael David                “B3 and B5" (Right of Way/Weed Control and
                                                           Turf & Ornamental) . . . . . . . . . . . . . TAB 15

                5. Haas, Scott William                     “B3” (Right of Way/Weed Control). . TAB 16

                6. Hixon, Mark Scott                       “B2 and B8" (Wood Destroying Insect-Control
                                                                                                TAB 17
                                                           and Wood Destroying Insect Inspection)

                7. Huber, Andrew Joseph                    “B3, B5 and “B9" (Right of Way/Weed Control,
                                                           Turf & Ornamental and Aquatic Pest Control) .
                                                           ....................                TAB 18

                8. Kruse, Allen Dwayne                     “B3 and B5" (Right of Way/Weed Control and
                                                           Turf & Ornamental) . . . . . . . . . . . . TAB 19

                9. Kunnen, Harold J.                       “B2 and B8" (Wood Destroying Insect-Control
                                                                                                TAB 20
                                                           and Wood Destroying Insect Inspection)

                10. Langdeau, Philip Dale                  “B3 and B5” (Right of Way/Weed Control and
                                                           Turf & Ornamental) . . . . . . . . . . . . TAB 21


                11. Larance, Stephen Robert                “B3 and B5” (Right of Way/Weed Control and

                                                      4
                                                          Turf & Ornamental) . . . . . . . . . . . . . TAB 22

      12. Lopez, Ernesto Antonio                          “B1" (General Pest/Public Health) .                  TAB 23

      13. Mastalsz, Jimmy                                 “B5" (Turf & Ornamental) .. . . . . . . TAB 24

      14. Moore, Gina Lorine                              “B1" (General Pest/Pubic Health) . . TAB 25

      15. Moran, James M.                                 “B1" (General Pest/Public Health) .                  TAB 26

      16. Ruden, Noran Eric                               “B1, B2, B3 and B8" (General Pest/Public
                                                          Health, Wood Destroying Insect-Control, Right
                                                          of Way/Weed Control and Wood Destroying
                                                          Insect Inspection) . . . . .        TAB 27

      17. Sharff, Barry Lynn                              “B3" (Right of Way/Weed Control) . TAB 28

      18. Smith, Brian Lee                                “B3 and B5" (Right of Way/Weed Control and
                                                          Turf & Ornamental) . . . . . . . . . . . . . TAB 29

      19. Strait, Paul Samuel                             “B1" (General Pest/Public Health) . . TAB 30

D. Treatment Proposals (Mr. Colvin)

      1. ABATE Pest Management                       . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 31

      2. Action Termite Control, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 32

      3. Allstatewide Termite & Pest Control                       . . . . . . . . . . . . . . . . . . . . . . . . TAB 33

      4. Arizona Organic Pest & Termite Control . . . . . . . . . . . . . . . . . . . . . TAB 34

      5. Bircher Exterminating Services, Inc.                      . . . . . . . . . . . . . . . . . . . . . . . . TAB 35

      6. 5 Star Termite & Pest Control, Inc.                     . . . . . . . . . . . . . . . . . . . . . . . . . TAB 36

      7. Foothills Pest Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 37

      8. Moore’s Family Termite Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 38

      9. Orkin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 39

                                                    5
                10. Seniors Termite & Pest Control, Inc. . . . . . . . . . . . . . . . . . . . . . . . . TAB 40

End of Consent Agenda

V.      Applications for Qualifying Examination not on the Consent Agenda (Mr. Tolton)

       If applicants do not appear and the Commissioners have questions, those applications may
be denied or tabled to a future meeting.

        A. Wilkinson, II; Kevin Robert            “B3 and B5" (Right of Way/Weed Control and Turf
                                                  & Ornamental) . . . . . . . . . . . . . . . . . . . . . TAB 41

VI.     Request for Temporary Qualifying Party Renewal not on the Consent Agenda (Mr.
        Tolton)

       If renewal applicants do not appear and the Commissioners have questions those
applications may be denied or tabled to a future meeting.

        A. Salcido, Jenifer Renee                 Younger Bros. Pretreat & Home Services . . . . .
                                                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 42

VII. Complaints and/or Settlement Conferences

       The Commission may discuss, consider and take action on any matter below. The
Commission’s action may include those set forth in A.R.S. § 32-2321(A), such as an
administrative warning, civil penalty up to $1,000.00 per violation, probation requirements,
suspension or revocation. This action may be taken pursuant to a Consent Agreement or a
mattermay be sent to a Formal Hearing. The Commission may issue an advisory letter pursuant
to A.R.S. § 32-2321 (N). A matter also may be continued for further investigation.

      If a Consent Agreement is not executed by the deadline statedin the Consent Agreement
Transmittal letter, the case will be sent to the Office of Administrative Hearings.

A. Bulwark Exterminating, LLC - Case # 2003-117 (Mr. Colvin) . . . . . . . . . . . . . . . . TAB 43

The Complaint contains allegations of violations resulting from Bulwark Exterminating not properly licensing
eight employees and allowed them to perform the work of structural pest control between March 2003 and
July 2003.

The Business Licensee and Qualifying Party agreed to the following Enforcement Response
Program(ERP) terms:

                                                      6
        1.    That Bulwark Exterminating (Mr. Adam Seever, President) Bus LIC #5362, be
issued Administrative Warning pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for a violation
of A.R.S. § 32-2321(B)(2) (violating rules) and A.A.C. R4-29-302 (not properly licensing eight
employees).

        2.     That Mr. Todd Martin, QP LIC #8217, be issued Administrative Warning and pay
a Civil Penalty of $200.00 (due within 30 days of the Commission Order) pursuant to A.R.S. § 32-
2321(A) (Disciplinary action), for a violation of A.R.S. § 32-2321(B)(2) (violating rules) and A.A.C. R4-
29-302 (not properly licensing eight employees).

        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement to
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

B. Contractor’s Termite & Pest Control, Inc. - Case # 2003-109 (Mr. Colvin) . . . . . . TAB 44

The complaint # 2003-109 contains allegations that on 01-06-03 Applicator John H. Brinton shorted a
pretreatment site located in Tucson by not applying 115.91 gallons of termiticide.

The Business Licensee, Qualifying Party and Licensed Applicator agreed to the following
Enforcement Response Program (ERP) terms:

         1.      That Contractor’s Termite and Pest Control, BUS LIC #5184 be issued an
Administrative Warning and pay a Civil Penalty of $200.00 (due within 30 days of the Commission
Order) pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for a violation of A.R.S. § 32-2321(B)(2)
(violating rules)and A.A.C. R4-29-407(C) Preconstruction treatments (failed to treat foot of depth) (due
to A.A.C. R4-29-104(Joint responsibility)).

        2.        That Kevin M. Etheridge, QP LIC #1617 be issued an Administrative Warning and
pay a Civil Penalty of $200.00 (due within 30 days of the Commission Order) pursuant to A.R.S.
§ 32-2321(A) (Disciplinaryaction), for a violation of A.R.S. § 32-2321(B)(2) (violating rules) and A.A.C.
R4-29-407(C) Preconstruction treatments (failed to treat per foot of depth ) (due to R4-29-104 (Joint
responsibility)).

       3.     That John H. Brinton, Applicator LIC #000265, be issued an Administrative Warning
and pay a Civil Penalty of $200.00 (due within 30 days of the Commission Order) pursuant to
A.R.S. § 32-2321(A) (Disciplinary action) for a violation of A.R.S. § 32-2321(B)(2) (violating rules) and
A.A.C. R4-29-407(C) (failed to treat foot of depth).

        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement to

                                                   7
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.


C. DeSoto Exterminating - Case # 2003-137 (Mr. Colvin) . . . . . . . . . . . . . . . . . . . . . . TAB 45

The complaint # 2003-137 contains allegations that Applicator Kent Bedillons applied pesticides past the
90 day period in which to obtain an applicator license.

The Business Licensee and Qualifying Party agreed to the following Enforcement Response
Program (ERP) terms:

        1.     That DeSoto Exterminating BUS LIC #2249 be issued an Administrative Warning
pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for a violationof A.R.S. § 32-2321(B)(2) (violating
rules) and A.A.C. R4-29-302(A) (not licensing employee).

       2.     That Vance Soto QP LIC # 730 be issued an Administrative Warning pursuant to
A.R.S. § 32-2321(A) (Disciplinary action), for a violation of A.R.S. § 32-2321(B)(2) (violating rules) and
A.A.C. R4-29-302(A) (not licensing employee) (due to A.A.C. R4-29-104 (Joint responsibility)).


        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement
to Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

D. Orkin - Case # 2003-142 (Mr. Colvin) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 46

The complaint # 2003-142 contains allegations that Licensed Applicator Arturo Murillo misapplied Orthene
pesticide, didn’t follow label directions, applied pesticides that created a hazard, and did not provide notice
of the chemical name to the person requesting the treatment. The treatment occurred on 9-20-03.

The Business Licensee, Qualifying Party and Licensed Applicator agreed to the following
Enforcement Response Program (ERP) terms:

        1.        That Orkin, BUS LIC #5184 be issued an Administrative Warning pursuant to A.R.S.
§ 32-2321(A) (Disciplinary action), for a violation of A.R.S. § 32-2321(B)(1) (Applying pesticide),
A.A.C. R4-29-301 (A) Misuse of pesticide (applicator applied pesticide in a manner other than crack &
crevice), A.A.C. R4-29-304(C) Protect against contamination (created a hazard), and A.A.C. R4-29-
305(A) Written notification (did not notice type of chemical) (due to A.A.C. R4-29-104 (Joint
responsibility)).



                                                         8
        2.       That James Krueger QP LIC #3042 be issued an Administrative Warning and pay
a Civil Penalty of $600.00 (due within 30 days of the Commission Order) pursuant to A.R.S. § 32-
2321(A) (Disciplinaryaction), for a violationof A.R.S. § 32-2321(B)(1) (Applying pesticide), A.A.C. R4-
29-301 (A) Misuse of pesticide (applicator applied pesticide in a manner other then crack & crevice) and
A.A.C. R4-29-304(C) Protect against contamination (created a hazard ) (due to R4-29-104 (Joint
responsibility).

         3.      That Arturo Murillo Applicator LIC #020572 be issued an Administrative Warning,
pay a Civil Penalty of $600.00 (due within 30 days of the Commission Order), and attend a 2-hour
Whitmire Training Program presented by the Whitmire Micro-Gen Research Laboratories (due
within 60 days of the Commission Order) pursuant to A.R.S. § 32-2321(A) (Disciplinary action) for
a violation of A.R.S. § 32-2321(B)(1) (Applying pesticide), A.A.C. R4-29-301 (A) Misuse of pesticide
(applicator applied pesticide in a manner other than crack & crevice), A.A.C. R4-29-304(C) Protect
against contamination (created a hazard ) and A.A.C. R4-29-305(A) Written notification (did not notice
type of chemical).

        Commission’s Options: Accept the ERP resolution; Return the matter to settlement to
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

E. University Termite and Pest Control - Case # 2003-100 (Mr. Colvin) . . . . TABs 47 and 48

The Complaint contains allegations that Mr. Justin Allen Dundon, applicator license #020878, operating
on behalf of University Termite & Pest Control, failed to apply the appropriate quantityof termiticide during
a pretreatment in Tucson. The deficiency was for 539 square feet, totaling 53.9 gallons. The treatment
occurred on 6-22-03.

University Termite and Pest Control also failed to provide treatment records for the above pretreatment
site.

The Business Licensee and Qualifying Party did not agree to the Enforcement Response
Program (ERP) terms. The Applicator could not be reached via certified mail or telephone to
conduct a settlement conference.

        Commission’s Option: send the matter to hearing.

F. University Termite and Pest Control - Case # 2003-105 (Mr. Colvin) . . .               TABs 49 and 50

The Complaint contains allegations of violations resulting from Mr. Joshua Ghiotto, applicator license
#991066, operating on behalf of University Termite & Pest Control, failed to apply the appropriate quantity
of termiticide during a pretreatment in Catalina. The treatment occurred on 5-15-03.

                                                     9
The Business Licensee and Qualifying Party did not agree to the Enforcement Response
Program (ERP) terms. The Applicator could not be reached via certified mail or telephone to
attend a settlement conference.

      Commission’s Option: send the matter to hearing.
G. University Termite and Pest Control - Case # 2003-106 (Mr. Colvin) . . . TABs 51 and 52

The Complaint contains allegations that Mr. Justin Allen Dundon, applicator license #020878, operating
on behalf of University Termite & Pest Control failed to apply the appropriate quantity of termiticide during
a pretreatment in Catalina on 06-24-03.

The Business Licensee and Qualifying Party did not agree to the Enforcement Response
Program (ERP) terms. The Applicator could not be reached via certified mail or telephone to
attend a settlement conference.

        Commission’s Option: send the matter to hearing.

H. Gary Dean Cromley - Case # 2003-144 (Mr. Craig) . . . . . . . . . . . . . . . . . . . . . . . . . TAB 53

This complaint contains allegations of failing to report a felony conviction and performing the work of
structural pest control without Business and Qualifying Party Licenses. From 2000 to 2003, Mr. Cromley
submitted five SPCC applications indicating “no” for whether he was convicted of a felony. In November
of 2003, SPCC staff learned of Mr. Cromley’s felony conviction via a court website. During the
November 2003 Commission Meeting, Mr. Cromley informed the Commissioners that he did not report
his felony because it was “expunged” and he assumed that meant he did not have to report it. Also in
November 2003, Mr. Cromley left the employment of a pest control company and began providing pest
control services without business and QP licenses. Mr. Cromley explained to Compliance/Enforcement
staff that the customers were his “friends and neighbors” and he assumed he could work as a gardener.
However, in October of 2003, Mr. Cromley applied for the Qualifying Party exam, thus indicating his
familiarity with the licensing requirements.

The Licensed Applicator agreed to the following Enforcement Response Program (ERP) terms:

        1. That Gary Dean Cromley, APP LIC #000392 be issued an Administrative Warning
pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for a violation of A.R.S § 32-2321(B)(4) (Failure
to report felony conviction when submitting applications).

      2. That Gary Dean Cromley, APP LIC #000392 be issued an Administrative Warning,
Cease and Desist Order, pay a Civil Penalty in the amount of $400.00 (due within 30 days of
Commission Order), and attend the full Commission Meetings on May 14, 2004 and June 11,

                                                     10
2004, (receiving one CE hour in addition to required 6 CE hours per year and proof of attendance will be
verified by SPCC Compliance/Enforcement Management or Supervisor Staff signing an attendance sheet
at the beginning and end of these two Commission Meetings), pursuant to A.R.S. § 32-2321(A)
(Disciplinary action), for a violation of A.R.S § 32-2325 (1) and (2) (performing pest control work without
business and qualifying party licenses).

        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement to
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

I. Edward Lopez Robles - Case # 2003-145 (Mr. Craig) . . . . . . . . . . . . . . . . . . . . . . . . TAB 54

This complaint contains allegations of failing to report a felony conviction. In 1985, Mr. Robles was
convicted of a felony. On three different occasions ranging from 1998 to 2001, Mr. Robles submitted
SPCC applications indicating “no” as to whether he was convicted of a felony. On two other applications,
1999 and 2003, he submitted SPCC documents indicating “yes” for felony conviction. When asked to
explain the discrepancy, Mr. Robles stated that he was unclear about the instructions and that since his
felony was 16 years ago, he assumed it did not need to be reported. Mr. Robles explained these details
during the November 2003 Commission Meeting and was allowed to renew his applicator’s license.

The Licensed Applicator agreed to the following Enforcement Response Program (ERP) terms:

        1. That Edward Lopez Robles, APP LIC #98715 be issued an Administrative Warning
pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for violation of A.R.S. § 32-2321(B)(4)
(misrepresenting information regarding felony conviction)

        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement to
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

J. Tacit Services L.L.C. - Case # 2004-014 (Mr. Craig) . . . . . . . . . . . . . . . . . . . . . . . . TAB 55

This complaint contains allegations of the business licensee failing to have insurance coverage from 2-03
to 9-23-03. Compliance / Enforcement staff obtained documentation that indicated that pest control
services were being performed during the lapse in insurance coverage. Mr. McClure stated that the lapse
in coverage was an oversight. He rectified the problem and obtained coverage resuming on 9-23-03.

The Business Licensee and Qualifying Party agreed to the following Enforcement Response
Program (ERP) terms:

        1. That Tacit Services L.L.C. (John P. McClure (member), BUS LIC #8123 be issued an


                                                     11
Administrative Warning pursuant to A.R.S. § 32-2321(A) (Disciplinary action), for a violation of A.R.S
§ 32-2321(B)(2)(Violating rules) and A.A.C. R4-29-206(B) (Failing to terminate pest control services
when insurance was interrupted).

         2. That Mr. John McClure, QP LIC # 8118 pay a Civil Penalty in the amount of $100.00
(due within 30 days of the Commission Order) and attend the full Commission Meeting on May 14, 2004
(Evidence of attendance will be verified by SPCC Compliance Enforcement Management or Supervisor
Staff signing an attendance sheet at the beginning and end of the Commission Meeting), for a violation of
A.R.S § 32-2321(B)(2)(Violating rules) and A.A.C. R4-29-206(B) (Failing to terminate pest control
services when insurance was interrupted). [“Q”: need QP lic. #.]

        Commission’s Options:           Accept the ERP resolution; Return the matter to settlement to
Modify the resolution based on stated factors and rationale; or Reject the ERP resolution and send the
matter to hearing based on stated factors and rationale.

[Left Blank Intentionally] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 56

VIII. Unlicensed Activity (Mr. Craig)

       The Commission may discuss, consider and take action on any matter below. The
Commission may take action such as issuing a Cease and Desist order and / or imposing a civil
penalty of at least $500.00 for the first offense and at least $750.00 for a subsequent offense,
according to former statute A.R.S. § 32-2328 (B). For acts occurring after 9-17-03, the civil
penalty amounts are: up to $1000.00 for the first offense and up to $2000.00 for a subsequent
offense, according to A.R.S. § 32-2304(B)(16). Action may be taken by Direct Commission Order
without a Consent Agreement or Formal Hearing

A. Anthony Wachter dba Gold Canyon Home Services LLC - Case # 2003-147 . . . . TAB 57

This complaint contains allegations of unlicensed pest control activity performed by Mr. Wachter. From
11-26-00 to 12-31-03, Fairview Homeowners’ Association hired Mr. Anthony Wachter dba Gold
Canyon Home Services to perform weed control applications along the common areas. Gold Canyon
Home Services is not owned or associated with Fairview Homeowners’ Association, but Mr. Wachter is
a resident and member of the homeowners’ association. Neither Mr. Wachter, nor Gold Canyon Home
Services hold pest control licenses. Mr. Wachter not only sprayed common areas, but also at least four
private yards. Mr. Wachter assumed he did not need a license. He stated in his written response that he
has ceased all pesticide applications.

No Enforcement Response Program terms were agreed to.

         Commission’s Options: Issue a cease and desist order and/or impose a civil penalty of at least


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$500 (pre 9/03 law), or not more than $1,000 (post 9/03 law).

IX.    For information and discussion, not action: (Mr. Craig)

       A. Complaint Status Log             . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 58

X.     Felony Applicants (Mr. Tolton)

       If applicants do not appear and the Commissioners have questions those applications may
be denied or tabled to a future meeting.

       A. Barrett, Weston John Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 59

       B. Bramlet, Michael Edward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 60

       C. Deppenbrook, Edward Paul . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 61

       D. Rodriguez, Samuel Ray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 62

       E. Tanner, Jr.; Leslie William . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 63

XI. Recommended Decisions and Orders of the Office of Administrative Hearings (OAH)
Administrative Law Judges (ALJs) (Mr. Driggs)

       A. Alan Perry - OAH Docket #02A-152-SPC/SPCC Case #2002-152 . . . . . . . . TAB 64

XII.   For information, discussion, and possible action:

       A. Continuing Education Committee Minutes (Mr. Martin) . . . . . . . . . . . . . . TAB 65

       B. Legislation (Mr. Martin) - Status of HB 2504 and HB 2119

       C. Handling Qualifying Parties who did not maintain their Applicator licenses, and now
             cannot do certain pest control activities because of a lawchange that require those
             activities to be done only by licensed Applicators. This does not pertain to
             Applicator Licenses that were not allowed to renew.
             (Commissioner Robinson and Mr. Martin)

XIII. For information and discussion, not action: (Mr. Martin)

       A. Computer Based Testing “CBT” Status and Statistics . . . . . . . . . . . . . . . . . TAB 66


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XIV. Approval of Minutes (Ms. Gervase)

                February 13, 2004 (regular session) Minutes. . . . . . . . . . . . . . . . . . . . . TAB 67

XV. Scheduling of future meetings/agenda items (Ms. Gervase)

                Current Proposed dates and locations

                April 9, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tucson, AZ
                May 14, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scottsdale, AZ
                June 11, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scottsdale, AZ
                July 9, 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Scottsdale, AZ
                August 13, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . Scottsdale, AZ
                September 10, 2004 . . . . . . . . . . . . . . . . . . . . . . . Scottsdale, AZ

XVI. For information and discussion, not action: (Ms. Gervase)

       A. Expenditure Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Meeting handout)

       B. Case Status Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAB 68

XVII. Adjournment




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