Arkansas Administrative Code

2 CAR § 54-1402. Definitions. (a) As used in this subpart: (1) “Base civil penalty” means the midpoint of a civil penalty range. Example: The civil penalty range for failure to report structural pest control work (1st level of enforcement) is two hundred dollars ($200) to four hu…

2 CAR § 54-1403. Enforcement actions. (a) Under the Arkansas Code, the State Plant Board has several options for enforcement action. (b) These are: (1)(A) Warning letter. (B) For minor, first level of enforcement violations, the board or board staff will issue a warning letter. (…

2 CAR § 54-1404. Incident investigation. (a) An incident investigation will be initiated when: (1) Routine compliance monitoring indicates a violation has occurred; (2)(A) A formal complaint that an alleged violative incident has occurred (filing of a written form by a complainan…

2 CAR § 54-1405. Activation of enforcement response policy. (a) An apparent violation of law and/or rules must be documented to initiate an enforcement action. (b) Documentation must conform to the requirements of the Plant Industry Division. (c) The sequence of events within the…

2 CAR § 54-1406. Internal review. (a) The Case Development Panel will carefully review all documentation and records to determine: (1) That apparent violation or violations have occurred; (2) Whether the apparent violation or violations are minor and/or major violations; and (3) …

2 CAR § 54-1407. Hearings. (a) The informal hearing officer and/or the appropriate committee and/or the State Plant Board will carefully review the documentation and hear cases of alleged violations. (b) Should it be determined a violation or violations have occurred, the severit…

2 CAR § 54-1408. Right of appeal. Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside.

2 CAR § 54-201. Applicability. This subpart applies to the following classifications: (1) License holders (business owner, firm, corporation, etc.); (2) Commercial applicators (licensed operator); (3) Noncommercial applicators; and (4) Registered agents.…

2 CAR § 54-202. Clarification. The following rules are promulgated to clarify the State Plant Board's intent relative to certain sections of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq.: (1) Arkansas Code § 17-37-102, Definitions. (A)(i) “Agent”. (ii) An agent…

2 CAR § 54-203. Applying for examinations — Commercial applicators and noncommercial applicators. (a) All applicants must submit an application to the Department of Agriculture, on forms furnished by the department, at least five (5) working days prior to the examinations. (b) Pr…

2 CAR § 54-204. Examination dates. (a) Online exam registration in Classifications 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 is available after completion of application and payment of proctoring fees. (b)(1) Written examinations in Classifications 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 will …

2 CAR § 54-205. Applying for license or certificate. (a) License holder — Commercial Classifications 1, 2, 3, 4, 5, or 6. (1) Applicants must be a minimum age of eighteen (18). (2) Applicants must submit an application to the Department of Agriculture on forms provided by the Com…

2 CAR § 54-206. Fees. (a) The following fees have been established to carry out the provisions of Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq. (b) License holder license (must be renewed prior to June 30 annually):0 – 30 registered agents.…………………………..$10031 – 60 r…

2 CAR § 54-207. Agent training, examination, and registration. (a)(1) Registered agents must be a minimum age of eighteen (18). (2) License holders of Classification 1, 2, 3, 4, 5, or 6 shall register with the Department of Agriculture all individuals employed by them for the pur…

2 CAR § 54-208. Hearings — Invalidation of licenses, certificates, and/or agent restrictions. (a) Any person or firm who is refused a license, certificate, or agent registration or whose license, certificate, or agent registration is being considered for invalidation, may secure …

2 CAR § 54-209. Keeping abreast of technology. (a) Each commercial applicator and noncommercial applicator shall keep himself or herself abreast of changing pest control technology to ensure a continuing level of competence and ability to use pesticides safely and properly. (b)(1…

2 CAR § 54-210. Recertification. (a) Maintenance of continued competency — Certification expiration. (1) In order for a certified applicator’s certification to continue without interruption, the certified applicator must be recertified under this section before the expiration of …

2 CAR § 54-211. Standards for licensing pesticide applicators. (a) State Plant Board standards for the licensing and certification of commercial applicators and noncommercial applicators shall be the same as the standards set forth in Section 171.4 through 171.6 of the Code of Fe…

2 CAR § 54-212. Office operations. (a) On forms provided by the Department of Agriculture, license holders in Classification 1, 2, 3, 4, 5, or 6 shall register the physical address of each office from which they will engage in the practice of pest control service. (b) An office i…

2 CAR § 54-301. Contracts. (a)(1)(A) All license holders in Classification 1 shall issue a signed contract, along with a complete plot or diagram showing the location of visible damage, active or previous infestation, and an outline of the work to be carried out on each job perfo…

2 CAR § 54-302. Reporting — Responsibility. (a)(1) License holders shall give complete information required by Arkansas Code § 17-37-221 of the Arkansas Pest Control Law by filing monthly reports. (2) This information shall be filed with the State Plant Board even though it is un…

2 CAR § 54-303. Meeting minimum standards. (a)(1) Each building on which a contract is issued for the prevention, control, or eradication of termites shall meet the minimum standards outlined in Subparts 4, 5, 7, and 8 of this part, unless unusual structural or physical condition…

2 CAR § 54-304. Letters of clearance — Wood-destroying insect and organisms report. (a)(1) Any statements as to the condition of a building pertaining to termites, or other wood-destroying insects or decay fungi (rot), other than a bid or proposal for treatment shall be considere…

2 CAR § 54-305. Reporting and reinspection fees — Correcting substandard work. (a)(1) Each license holder shall remit to the Department of Agriculture, by the fifteenth day of each month, an inspection fee of five dollars ($5.00) for each building on which a contract has been iss…

2 CAR § 54-306. Inspection of first five properties treated. (a)(1) Within ninety (90) days of issuance of a first termite and other structural pest license to a commercial applicator, the new commercial applicator shall submit a report on their first five (5) termite treatments …

2 CAR § 54-307. Supervision. (a)(1)(A) A commercial applicator (licensed operator) shall be considered in charge of all pest control work and/or services performed. (B) Commercial applicators shall be readily available and shall maintain a supervisory position over all pest contr…

2 CAR § 54-308. Notice that all jobs are to be inspected. (a)(1) Any time that an unreasonably high number of jobs (fifteen percent (15%) or more) of a license holder upon inspection are found not in compliance with the law and this part, the Pest Control Committee, after reviewi…

2 CAR § 54-309. Training manual for examinations, Classification 1. (a)(1) The University of Arkansas Cooperative Extension Service has developed a training manual for Classification 1: Termite and Other Structural Pest Control. (2) The materials within this manual will be update…

2 CAR § 54-401. Access opening. An opening, at least fourteen inches (14”) high and sixteen inches (16”) wide, shall be provided to permit inspection under all parts of the building.

2 CAR § 54-402. Chemicals. (a) The term “chemical”, when used hereafter, shall apply to pesticides used for the control or prevention of: (1) Termites; (2) Powder-post beetles; (3) Wood-destroying fungi; and (4) Other wood-destroying organisms. (b)(1) The name of the chemical use…

2 CAR § 54-403. Debris and form boards. (a)(1) All wood including stumps, roots, and other cellulose debris which can be caught by a rake on the surface of the ground must be removed from underneath the building. (2) Large stumps that are impractical to remove may be trenched, dr…

2 CAR § 54-404. Clearance under buildings. (a) All soil within twelve inches (12”) of the bottom edge of floor joists or within five inches (5”) of subsills must be removed. (b) Note. (1) Scuttle holes, fourteen inches (14”) high and sixteen inches (16”) wide, must be provided un…

2 CAR § 54-405. Shelter tubes. Brush all termite shelter tubes from: (1) Piers; (2) Walls; (3) Sills; (4) Joists; (5) Subfloors; (6) Pipes; and (7) Other parts of the building.…

2 CAR § 54-406. Piers and stiff-legs. Stiff-legs, wood piers, or other wood supports must have concrete or metal-capped bases extending at least three inches (3”) above the ground.

2 CAR § 54-407. Wood on concrete floors. Wood parts such as posts, door frames, partitions, stair-carriages, stiff-legs, posts, or other wood supports that have been attacked by termites working up through concrete or are set down into concrete may be cut off and placed on concre…

2 CAR § 54-408. Wood steps. Wood steps must be treated with approved chemicals according to the label directions.

2 CAR § 54-409. Pipes. Pipes must be treated with approved chemicals according to the label directions.

2 CAR § 54-410. Replacements — Exclusion of existing damage. (a)(1) Wood substantially weakened by termites, powder-post beetles, or decay fungi (rot) should be replaced. (2)(A) Replacements may be made by the license holder or the property owner, or both. (B) Replacements made b…

2 CAR § 54-411. Outside grade. (a) Wood construction. (1) The top of the foundation wall and all exterior wood, such as siding and framing, must be at least three inches (3”) above outside grade. (2) To lower grade, soil next to wall must be removed to necessary depth and treated…

2 CAR § 54-412. Skirting and lattice work. (a)(1) Skirting and lattice work should rest on solid concrete or cemented brick extending at least three inches (3”) above the outside grade, unless suspended, in which case there should be at least three inches (3”) clearance above gra…

2 CAR § 54-413. Steps, porches, ground slabs, and similar structures. (a)(1) Structures which are even with, or above the sill line, must be drilled and treated at intervals specified by label directions at the juncture of the structure and foundation or wall. (2) If the label di…

2 CAR § 54-414. Stucco. (a) Wood supports for stucco must be at least six inches (6”) above outside ground level, or four inches (4”) above the level of ground under an adjacent slab. (b)(1) Where stucco extends to or below grade, the soil must be treated with approved chemicals …

2 CAR § 54-415. Ground treatment under the building. The inside of the foundation wall and around all pipes, chimneys, and piers must be treated with approved chemicals according to the label directions.

2 CAR § 54-416. Ground treatment outside buildings. The outside of foundation walls must be treated with approved chemicals according to the label directions.

2 CAR § 54-417. Chemical treatment of masonry. (a) Treatment with approved chemicals shall be in accordance with label directions as follows to foundation walls, piers, and chimneys: (1) To all cracks in concrete; (2) To mortar joints, cracks, and voids in the horizontal layer of…

2 CAR § 54-418. Powder-post beetles. (a) If powder-post beetles are not to be treated or covered by the contract, the owner must be so informed in writing on the initial contract. (b)(1) Treatment, if made, should be applied to all wood showing signs of infestation. (2) This can …

2 CAR § 54-419. Slab construction. (a) Slab construction shall meet all of the foregoing minimum requirements except as outlined in: (1) 2 CAR § 54-401; (2) 2 CAR § 54-403(a); (3) 2 CAR § 54-404; (4) 2 CAR § 54-409; and (5) 2 CAR § 54-415. (b)(1) Treatments should be made when sw…