NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1184

HOUSE BILL 1077

 

 

AN ACT AMENDING ARTICLE 4C OF CHAPTER 106 OF THE GENERAL STATUTES ENTITLED THE "STRUCTURAL PEST CONTROL ACT OF 1955."

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 106-65.23 is rewritten in its entirety as follows:

"§ 106-65.23.  Structural Pest Control Division of Department of Agriculture Created; Director; Structural Pest Control Committee Created; Appointment; Terms, Quorum. There is hereby created, within the North Carolina Department of Agriculture, a new division thereof, to be known as the Structural Pest Control Division of said Department.

"The Commissioner of Agriculture is hereby authorized to appoint a Director of said Division whose duties and authority shall be determined by the Commissioner, subject to approval of the Board of Agriculture and subject to the provisions of this Act. Said Director shall act as Secretary to the Structural Pest Control Committee herein created.

"There is hereby created a Structural Pest Control Committee to be composed of five members. The Commissioner of Agriculture shall designate one member of the Board of Agriculture who shall serve as an ex officio member of said Committee for such time as he is a member of the Board of Agriculture. The Commissioner of Agriculture shall designate an employee of the Department of Agriculture to serve on said Committee at the pleasure of the Commissioner. The Dean of the School of Agriculture of North Carolina State University at Raleigh shall appoint one member of the Committee who shall serve for one term of two years and who shall be a member of the Entomology faculty of said University. The vacancy occurring on the Committee by the expired term of the member from the Entomology Faculty of said University shall be filled by the Dean of the School of Agriculture of North Carolina State University at Raleigh who shall designate any person of his choice to serve on said Committee at the pleasure of the Dean. The Governor shall appoint two members of said Committee who are actively engaged in the pest control industry and who are residents of the State of North Carolina but not affiliates of the same company. The initial Committee members from the pest control industry shall be appointed as follows: one for a two-year term and one for a three-year term. After the initial appointments by the Governor, all ensuing appointments by the Governor shall be for terms of four years. Any vacancy occurring on the Committee by reason of death, resignation, or otherwise shall be filled by the Governor or the Commissioner of Agriculture, as the case may be, for the unexpired term of the member whose seat is vacant. A member of the Committee appointed by the Governor shall not succeed himself.

"It shall be the duty of the Structural Pest Control Committee, in addition to the duties imposed by G.S. 106-65.36, in addition to conducting hearings relating to the suspension and revocation of licenses issued under this Article, and in addition to making rules and regulations pursuant to G.S. 106-65.29, to report annually to the Board of Agriculture the results of all hearings conducted by the Committee and to report the financial status of this division of the Department of Agriculture.

"The Director shall be responsible for and answerable to the Commissioner of Agriculture as to the operation and conduct of the Structural Pest Control Division.

"Each member of the Committee who is not an employee of the State shall receive twenty dollars ($20.00) per diem while actually engaged in the business of the Committee. All members of the Committee and the attorney assigned to said Committee by the Attorney General shall be entitled to receive eight cents (8¢) per mile for travel and such other expenses as are incurred in the performance of their duties.

"Three members of the Committee shall constitute a quorum but no action at any meeting of the Committee shall be taken without three votes in accord. The Chairman shall be entitled to vote at all times.

"The Committee shall meet at such times and such places in North Carolina as the Chairman shall direct; provided, however, that three members of the Committee may call a special meeting of the Committee on five days' notice to the other members thereof.

"All members of the Committee shall be appointed or designated, as the case may be, prior to and shall commence their respective terms on July 1, 1967.

"At the first meeting of the Committee they shall elect a Chairman who shall serve as such at the pleasure of the Committee."

Sec. 2.  Subsection (3) of G.S. 106-65.24 is rewritten in its entirety as follows:

"(3)      'Committee' means the Structural Pest Control Committee."

Sec. 3.  G.S. 106-65.24 is amended by adding at the end thereof a new subsection as follows:

"(11)    'Director' means the Director of the Structural Pest Control Division of the Department of Agriculture."

Sec. 4.  G.S. 106-65.25 is amended by striking the word "Commission" appearing at the end of subsection (a) thereof in line 11, and substituting in lieu thereof the following: "Committee, and signed by the Commissioner of Agriculture".

Sec. 5.  G.S. 106-65.26 is amended by striking the word "Commission" appearing in line 2 thereof and substituting in lieu thereof the word "Committee", and by adding the following at the end thereof: "No person who has within five years of his application been convicted of or has entered a plea of guilty or a plea of nolo contendere to a crime charged involving moral turpitude or who has forfeited bond to a charge involving moral turpitude, shall be entitled to take an examination or the issuance of a license under the provisions of this Article."

Sec. 6.  G.S. 106-65.27 is rewritten in its entirety as follows:

"§ 106-65.27.  Examination of Applicants; Fee; License Not Transferable. (a) All applicants must pass a satisfactory oral or written examination, or both oral and written examination. Frequency of such examination shall be in the discretion of the Committee, consideration being given to the number of applications received, provided that a minimum of two examinations shall be given annually. The examination will cover phases of structural pest control (control of wood-destroying organisms, household pests and fumigation).

"An applicant shall submit with his application for examination an examination fee of twenty-five dollars ($25.00) for each of the phases of structural pest control in which he chooses to be examined. An examination for one or more phases of structural pest control may be taken at the same time. If an applicant fails to pass an examination for one or more phases of structural pest control, he shall be entitled to take one additional examination, at a regularly scheduled examination, without the payment of another examination fee.

"(b)      A license shall not be transferable. When there is a transfer of ownership, management or operation of a business of a licensee hereunder, the new owner, manager or operator (as the case may be) whether it be an individual, firm, partnership, corporation, or other entity, shall have 90 days from such sale or transfer, or until the next meeting of the Committee following the expiration of said 90-day period, to nave a qualified licensee to operate said business."

Sec. 7.  G.S. 106-65.28 is rewritten in its entirety as follows:

"§ 106-65.28.  Revocation or Suspension of License. (a) Any license may be revoked or suspended by a majority vote of the Committee, after notice and hearing, as provided G.S. 106‑65.32, for any one or more of the following causes:

"(1)      Misrepresentation for the purpose of defrauding; deceit or fraud; the making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage; or the use of methods of materials which are not reasonably suitable for the purpose contracted.

"(2)      Failure of the licensee to give the Committee, the Director, or their authorized representatives, upon request, true information regarding methods and materials used, or work performed.

"(3)      Failure of the license holder to make registrations herein required or failure to pay the registration fees.

"(4)      Any misrepresentation in the application for a license.

"(5)      Wilful violation of any rule or regulation adopted pursuant to this Act.

"(b)      Suspension of any license under the provisions of this Act shall not be for less than 10 days nor more than two years, in the discretion of the Committee.

"If a license is suspended or revoked under the provisions hereof, the licensee shall within five days of such suspension or revocation, surrender all licenses and identification cards issued thereunder to the Director or his authorized representative.

"Any licensee whose license is revoked under the provisions of this Act shall not be eligible to apply for a new license hereunder until two years have elapsed from the date of the order revoking said license, or if an appeal is taken from said order of revocation, two years from the date of the order or final judgment sustaining said revocation."

Sec. 8.  G.S. 106-65.29 is amended by striking the word "Commissioner" appearing in line 1 thereof and substituting in lieu thereof the word "Committee".

Sec. 9.  G.S. 106-65.30 is rewritten in its entirety as follows:

"§ 106-65.30.  Inspectors; Inspections and Reports of Violations, Designation of Resident Agent. For the enforcement of the provisions of this Article, the Director is authorized, subject to the approval of the Commissioner and Board of Agriculture, 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 Act. The inspectors shall be known as 'Structural Pest Control Inspectors'. The Director, subject to the approval of the Commissioner of Agriculture and the Board of Agriculture, shall enforce the provisions of this Act by making or causing to be made periodical and unannounced inspections of work done by licensees under this Act engaged in any one or more phases of structural pest control as defined in G.S. 106-65.25. The Director shall cause the prompt and diligent investigation of all reports of violations of the provisions of this Article and the rules and regulations adopted pursuant to the provisions hereof; provided, however, no inspection shall be made by the Director, or inspectors, of any property without first securing the permission of the owner or occupant thereof.

"Every nonresident owner of a business performing any phase of structural pest control work shall designate in writing to the Director, a resident agent upon whom service or notice of process may be had to en force the provisions of this Article or any civil or criminal liabilities arising hereunder."

Sec. 10.  G.S. 106-65.31 is rewritten in its entirety as follows:

"§ 106-65.31.  Annual License Fee; Registration of Servicemen, Salesmen and Estimators; Identification Cards. The fee for the issuance of a license for any one phase of structural pest control, as the same is defined in G.S. 106-65.25, shall be one hundred dollars ($100.00); provided, that when or any time after the fee for a license for any one phase is paid, the holder of said license may secure a license for either or both of the other two phases for an additional fee of fifty dollars ($50.00) per license phase. Licenses shall expire on June 30 of each year and shall be renewed annually. All licensees who fail or neglect to renew any license issued under the provisions of this Act on or before August 1 of each year, shall pay, in addition to the annual license fee, the sum of ten dollars ($10.00) for each phase before his license is renewed.

"Any licensee whose license is lost or destroyed may secure a duplicate license for a fee of five dollars ($5.00).

"A license holder shall register with the Director within 30 days of employment, the names of all solicitors and servicemen (not common laborers) and shall pay a registration fee of twenty dollars ($20.00) for each name registered, which fee shall accompany the registration. All registrations expire when a license expires. Each employee of a licensee for whom registration is made and registration fee paid shall be issued an identification card which shall be carried on the person of the employee at all times when performing any phase of structural pest control work. An identification card shall be renewed annually by payment of a renewal fee of twenty dollars ($20.00). An identification card shall be displayed upon demand to the Director or his authorized representative, or to the person for whom any phase of structural pest control work is being performed. When an identification card is lost or destroyed, the licensee shall secure a duplicate identification card for which he shall pay a fee of one dollar ($1.00). The licensee shall be responsible for registering and securing identification cards for all employees who are salesmen, servicemen and estimators.

"It shall be unlawful for a serviceman, salesman or estimator to engage in the performance of any work covered by this Article without having first secured and in his possession an identification card. It shall be unlawful for a licensee to direct, or procure any salesman, serviceman or estimator to engage in the performance of any work covered by this Article without having first applied for an identification card for such employee or agent; provided, however, that the licensee shall have 30 days after employing a serviceman, salesman or estimator within which to apply for an identification card.

"All registrations and applications for licenses and identification cards shall be filed with the Director."

Sec. 11.  G.S. 106-65.32 is rewritten in its entirety as follows:

"§ 106-65.32.  Proceedings and Hearings Under Article; Record of Hearings and Judgments; Certified Copy of Revocation of License Sent to Clerk of Superior Court. Proceedings under this Article shall be taken by the Structural Pest Control Committee for matters within its knowledge or upon accusations based on information of another. Said accusation must be in writing and under oath, verified by the person making the same. If by a member of the Committee, he shall be disqualified from sitting in judgment at the hearing on said accusation. Upon receiving such accusation, the Committee shall serve notice by registered mail of the time, place of hearing, and a copy of the charges upon the accused at least 30 days before the date of the hearing. The Committee for sufficient cause, in its discretion, may postpone or continue said hearing from time to time, or if after proper notice no appearance is made by the accused, it may enter judgment at the time of hearing as prescribed herein, either by suspending or revoking the license of the accused. Both the Committee and the accused may have the benefit of counsel and the right to cross-examine witnesses, to take depositions and to compel attendance of witnesses as in civil cases by subpoena issued by the secretary of the Committee under the seal of the Committee and in the name of the State of North Carolina. The testimony of all witnesses at any hearing before the Committee shall be under oath or affirmation.

"The record of all hearings and judgments shall be kept by the secretary of the Committee and in the event of suspension or revocation of license, the Committee shall, within 10 days, transmit a certified copy of said judgment to the clerk of the superior court of the county of the residence of the accused or his resident agent, and the clerk shall file said judgment in the judgment docket of said county.

"Any licensee may appeal to the Superior Court of Wake County the revocation or suspension of a license issued under the provisions of this Act and such appeal shall be made pursuant to the provisions of Article 33 of Chapter 143 of the General Statutes."

Sec. 12.  G.S. 106-65.33 is rewritten in its entirety as follows:

"§ 106-65.33.  Violation of Article or Rules and Regulations of Committee a Misdemeanor. Any person violating any provision of this Article or any rule or regulation of the Committee made pursuant to this Article shall be guilty of a misdemeanor and shall be fined or imprisoned, or both fined and imprisoned, in the discretion of the court."

Sec. 13.  G.S. 106-65.34 is hereby repealed.

Sec. 14.  The terms of all members of the Structural Pest Control Commission shall expire on June 30, 1967.

Sec. 15.  All rules and regulations heretofore made by the Structural Pest Control Commission not inconsistent with the provisions of Article 4C of Chapter 106 of the General Statutes and this Act, shall remain in full force and effect until repealed, revised, or amended pursuant to the provisions of said Article and this Act or until declared invalid by a court of competent jurisdiction.

Sec. 16.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 17.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.