Supp. #62 COMMISSION OFFICERS ... - FSU College of Law · Attorney General Opinion 333-1.04...

Supp. #62 COMMISSION OFFICERS, EMPLOYEES AND MEETINGS CHAPTER 333-1

RULES

OF THE

PEST CONTROL COMMISSION

OF FLORIDA

CHAPTER 333-1

COMMISSION OFFICERS, EMPLOYEES AND MEETINGS (Revised 12-23-65)

333-1.01 333-1.02 333-1.03

Election of Officers Quorum Executive Offices

333-1.01 Election of Officers.-The Commission shall at least annually and prior to July 1st elect from its membership a Chairman, Secretary and Examination Chairman. In the absence of the Chairman, the Secretary shall preside. Upon change of the Chairman or Secretary, the Commission shall notify the Secretary of State by letter.

General Authority 482.101(13) FS; Law Implemented 482.101 FS History.-Revised 12-23-65. Amended 1-4-69

333-1.02 Quorum.-A quorum of the Commission shall be three (3) members, one of which must be the Chairman or Secretary; provided however: all final decisions of the Commission made pursuant to Section 482.162 and 482.171 of the Florida Statutes shall require not less than three (3) members of the Commission concurring.

General Authority Chapter 120, 482.101 (13) FS; Law Im-plemented 482.162. 482.171 FS

History.-Revised 12-23-65. Amended 1-4-69

333-1.03 Executive Offices.-(1) The Executive Offices of the Commission

shall be in Orange County, Florida. (2) The Secretary of the Commission shall

inform the Secretary of State by letter of any change of address of the Executive Offices of the Commission.

General Authority 482.101(13) FS; Law Implemented 482.101 (11) FS

Historr.-Revised 12-23-65

1

333-1.04 333-1.05 333-1.06

Commission Employees Public Meetings Attorney General Opinion

333-1.04 Commission Employees.-The Commission may employ such employees as it deems necessary and shall outline their duties and fix their compensation.


History.-Revlsed 12-23-65

333-1.05 Public Meetings.-(1) The Commission may meet from time

to time and from place to place to carry out its' duties.

(2) Individuals attending open meetings of the Commission, whose names do not appear on the official agenda of that meeting, will be granted an opportunity to be heard, if desired, provided; however, that prior commitments of the Commission shall take precedence over such unscheduled appearances and the time allotted for such unscheduled remarks.

General Authority 482.101(13) FS; Law Implemented 482.101 (13),482.051(3) FS


333-1.06 Attorney General Opinion.-Opinions from the Attorney General shall be requested only by the Chairman when a majority of the Commission members desire such an opinion.

General Authority 482.101(13) FS; Law Implemented 482.101 FS

History.-New 1-4-69

Supp. #62 QUALIFICATIONS FOR EXAMINATION CHAPTER 333-2

RULES

OF THE


OF FLORIDA

CHAPTER 333-2

QUALIFICATIONS FOR EXAMINATION

(Revised 12-23-65)

333-2.01 Qualifications of Applicants for 333-2.04 Pest Control Operators Certificates

Qualifications for Special Identification Card-Fumigation Examination Certification by Categories 333-2.02

333-2.03 Proof of Practical Experience 333-2.05 Qualification for Re-Examination

333-2.01 Qualifications of Applicants for Pest Control Operators Certificates.-

(1) Each applicant must have knowledge of practical and scientific facts of pest control and effective January 1, 1966, be a graduate of an accredited high school or submit to the Commission evidence satisfactory to it of equivalent education; however, those persons who have previously qualified and have been accepted for a particular category shall be exempt from the formal education requirements for that category only.

(2) Each applicant must make it appear to the Commission that he is not under the disabilities of a minority; that he is a United States citizen domiciled in and a resident citizen of Florida; that he is of good character and of good reputation for fair dealings.

(3) Each applicant shall submit to the Commission, affidavits prepared on forms provided by the Commission, evidence of the following:

(a ) Three years experience as a service and/ or sales employee of a licensee who performs pest control in the category or categories in which the service employee seeks certification one (1) year of which employment mus t have been in this State, immediately preceding application for examination or

(b) A degree with advanced training or a major in Entomology or Horticulture from a recognized college or university. Those holding a degree with advanced training in Entomology are qualified for the examination in all categories of pest control. Those holding a degree with advanced training in Horticulture are qualified for the examination in only the Lawn and Ornamental Pest Control category.

(4) Three years experience as required by Chapter 482.133 (1) , shall mean three full years as a full time and regular employee, or a total of 783 full days as a part time employee.

(a ) A State Board of Health Identification Card, held for the required spec·ified time, will

3

in part, constitute proof of experience in respect to the time requirement.

(5) Any individual applicant for examination whose identification card and/ or pest control operator's certificate is under a suspended revocation or on probation by the Commission, shall not be permitted to take any examination while under such suspended revocation or probation.

General Authority 482.101(13) FS; Law Implemented 482.132, 482.133 FS

History.-Revised 12-23-65, Amended 1-4-69

333-2.02 Certification by Categories.Applicants may request to be examined for

certification in one or more of the following categories of pest control:

(a) Fumigation (b) General Household Pests, which shall in

elude Rodent Control Cc) Termites which shall include other

wood-infesting organisms control Cd) Lawn and Ornamental Pest Control


History.-Revised 12-23-65

333-2.03 Proof of Practical Experience.(1) The applicant for examination shall

have performed within this State, and under the supervision of a certified operator, a minimum of fifteen (15) jobs in each category in which the applicant seeks certification. The applicant shall submit as part of the application, and on forms provided, a notarized statement from the said supervising certified operator that the jobs have been performed by the applicant and that the applicant has demonstrated the requisite knowledge to supervise such work. Vault fumigation will not be counted toward the job experience in fumigation.

(2) Those making application with a degr·ee with advanced training in Entomology shall be exempt from the practical experience requirements. Those making application with a degree with advanced training in Horticulture shall be exempt from the practical experi-

CHAPTER 333-~ QUALIFICATIONS FOR EXAMINATION Supp. #62

ence requirements only in the Lawn and Ornamental Pest Control category.

(3) Advanced training in Entomology or Horticulture shall mean possessing credits equal to, or greater than 20 semester hours of training in Entomology or 20 semester hours training in Horticulture.


History.-Revlsed 12-23-65, Amended 1-4-69

333-2.04 Qualifications for Special Identification Card-Fumigation Examination.-

(1) Each applicant for the examination to qualify him as a holder of a Special Identification Card-Fumigation shall be:

(a) required to submit proof of having participated in a minimum of fifteen (15) fumigation operations, as defined in Florida State Board of Health Rule 1701-2.02(4), FAC, in the State of Florida under the supervision

4

of a certified operator certified in the fumigation category.

(b) required to submit proof of a mInImum of twelve (12) months experience in fumigation operations as a Florida State Board of Health Identification Cardholder, under the supervision of a certified operator in the State of Florida, immediately preceding the date of application for examination.

(2) Applicants for this examination need not be a high school graduate.

General Authority 482.101 (13) FS; Law Implemented 482.151 E'S

History.-Revlsed 12-23-65, Amended 1- 4-69

333-2.05 Qualification for Re-Examination.Persons desiring to take the same category of the examination for certification, or Special Identification Card, after having previously failed, need only to submit the following: Application, Current Employer's Affidavit and fees .

General Authority 482.101(13) FS; Law Implemented 482.151 (3), 482.141 (2) FS

History.-New 1-4-69

Supp. #62 EXAMINATION CHAPTER 333-3

RULES

OF THE


OF FLORIDA

CHAPTER 333-3

EXAMINATION

(Revised 12-23-65)

333-3.01 333-3.02

333-3.03 333-3.04 333-3.05

Time for Examination Time for Filing Application for Examination Examination Fees Refund of Fees General Subject Matter of Examination

333-3.01 Time for Examination.-Regular examinations will be held twice each year, commencing on the second Monday of June and the second Monday in December.

General Authority 482.101(13) FS; Law Implemented 482.141 (I) FS


333-3.02 Time for Filing Application for Examination.-

(1) The official application for admission to the examination shall be completed and submitted to the Secretary of the Commission, by mail, postmarked not later than the second Monday in March for admission to the June examination, and not later than the second Monday in September for admission to the December examination. Incomplete forms received 15 days prior to the deadline date will be returned to the applicant for completion.

(2) Applications and fees received by the Secretary, postmarked after the deadline date, will not be accepted and will be returned to the applicant.

General Authority 482.101 (13) FS; Law Implemented 482.141 (2) (5) FS


333-3.03 Examination Fees.-(1) An examination fee of twenty-five dol

lars ($25) for each category of pest control in which the applicant desires to be examined must be paid by each applicant at the time he submits his application. Checks or money orders shall be drawn in favor of the Pest Control Commission of Florida. Applications received without the required fees will be considered incomplete and will not be processed.

(2) Examination fees for Special Identification-Card Fumigation shall be $10.00.



333-3.04 Refund of Fees.-Examination

5

333-3.06

333-3.07 333-3.08 333-3.09 333-3.10

Time Alloted for Completing Examination Scope of Examination Submission of Specimens Grading Examinations Review of Examinations

fees will not be refunded under any circumstances.



333-3.05 General Subject Matter of Examination.-

Only four (4) examinations for certification and one for Special Identification-Fumigation Card will be presented. They are as follows:

(1) Termite and Other Wood Infesting Organisms

(2) Fumigation (3) General Household Pests (which shall

include Rodents). Certified Operators, previously certified in one or the other of the following partial categories, may apply for permission to take only the part lacking in his present certificate. The regular examination fee must be paid.

(a) General Household Pests (b) Rodent Control

(4) Lawn and Ornamental Pest Control (5) Special Identification-Fumigation Card

General Authority 482.101 (13) FS; Law Implemented 482 .021 (4)(7)(9)(12)(19)(20)(23); 482.141(3); 482.151(3) FS


333-3.06 Time Alloted for Completing Examination.-

(1) Four (4) hours will be alloted for completing examinations for certification in each category except:

(2) Three (3) hours will be alloted for completing the examination for Special Identification Card-Fumigation.

General Authority 482.101(13) FS; Law Implemented 482.141 (3),482.151 FS


333-3.07 Scope of Examination.-(1) All applicants for examination for cer

tification will be examined on or be required to demonstrate satisfactory knowledge of the following:

CHAPTER 333-3 EXAMINATION Supp. #62

(a) Pest Control Act, Chapter 482, Florida Statutes

(b) Rules of the Pest Control Commission, Chapter 333

(c) Rules of the State Board of Health, Chapter 1701-2, Pest Control Regulations

(d) Precautions necessary and required by law, rules and the best practices of the Industry for the safeguard of life, health and property in the conduct of pest control operations

(e) Pests and their habits, damage caused by them and identification of them by accepted common names

(f) Building construction terminology (g) Accepted good industry methods and

practices of pest control founded upon recognized publications of the industry

General Authority 482.101(13) FS; Law Implemented 482.141 (3),482.133(2),482.151 FS

Hlstory.-Revlsed 12-23-65, Amended 1-4-69

333-3.08 Submission of Specimens.-Specimens submitted by an applicant in compliance with the requirements for admission to take the examination that are inadequately prepared, or are damaged in shipment, may be cause for rejecting the entire application for examination. Pest control equipment or materials used in pest control are not acceptable as specimens.

General Authority 482.101(13) FS; Law Implemented 482.141 (1)(3),482.151 FS

Hlstory.-Revlsed 12-23-65

6

333-3.09 Grading Examinations.-(1) In order to receive a passing grade on

the examination, each of the following must be attained:

(a) A total point score, equal to or exceeding seventy-five (75) per cent of the total number of questions contained in the theoretical section.

(b) A total point score, equal to or exceeding seventy-five (75) per cent of the total number of questions contained in the practical section.

(c) Examinations will be graded only by members of the Commission.

(d) After grading, results of examinations will be posted by examinees number and not by examinees name.

General Authority 482.101(13) FS; Law Implemented 482.141 (1).482.151 FS

Hlstory.-Revlsed 12-23-65. Amended 1-4-69

333-3.10 Review of Examinations.-Persons having taken an examination (s) and failed, may be permitted to review the examination (s) if the following criteria are met:

(a) Application for review is made within 60 days after notification of examination failure.

(b) Review of only categories taken and failed will be permitted.

(c) Only those having taken the category being reviewed will be permitted to attend.

48~i5irF1s Authority 482.101(13) FS; Law Implemented 482.141,

History.-New 1-4-69

Supp. #62 CERTIFIED OPERATOR CHAPTER 333-4

RULES

OF THE


OF FLORIDA

CHAPTER 333-4

CERTIFIED PEST CONTROL OPERATOR

(Revised 12-23-65)

333-4.01 333-4.02 333-4.03 333-4.04 333-4.05 333-4.06

Categories Renewal Fees Renewal Forms Pest Control Certificates Proof of Competency Notice of Change of Address

333-4.01 Categories.-(1) There shall be four principal categor

ies of pest control (a) General Household Pests which shall

include Rodent Control (b) Termites which shall include other

wood infesting organisms (c) Fumigation (d) Lawn and Ornamental Pest Control

(2) There shall be also the following limited categories of pest control:

(a) General Household Pests without Rodent Control for certificates covering General Household Pests, but not Rodent Control

(b) Rodent Control without General Household Pests for certificates covering Rodent Control, but not General Household Pests

Such limited categories shall be honored for licensing purposes only if issued prior to October 1, 1959.

General Authority 482.101 (13) FS; Law Implemented 482.021 (4) FS

Hlstory.-Revlsed 12-23-65

333-4_02 Renewal Fees.-(1) All Certified Pest Control Operators

who desire to continue the practice of pest control shall annually pay to the Commission a renewal fee of twenty-five ($25.00) for which he shall receive a certificate of renewal receipt.

(2) All renewal fees shall be paid annually on or before June 1 and all checks or money orders shall be made payable to the Pest Control Commission of Florida.

(3) Failure to renew and/or notify and certify to the Commission that the holder of a pest control operator's certificate is inactive, as defined in Commission Rule 333-4.04 (3), shall result in the expiration of the certificate on June 1, following the date of failure to renew or place the certificate in an inactive status.

General Authority 482.101(13) FS; Law Implemented 482.111 (2) (6) (7)FS

History.-Revised 12-23-65. Amended 1-4-6g (Formerly 333-4.03)

7

333-4.07 333-4.08

333-4.09 333-4.10 333-4.11

Notice of Change of Employment Certified Operator in Charge of Pest Control Activities of a Licensee Proof of Control and Supervision Responsibility of Certified Operators Grandfather Clause

333-4.03 Renewal Forms.-On or before April 1st of each year, the Commission shall forward to all Certified Operators, at their last known address, a renewal form for use in applying for renewal of said certificate. These forms must be used to comply with Section 333-4.02 (above). Mailing of these forms will be the only notice of renewal issued by the Commission.


History.-Revised 12-23-65. Amended 1-4-69 (Formerly 333-4.04)

333-4.04 Pest Control Certificates.-(1) "Designated active pest control cer

tificate" is one whose holder is currently using it to secure a State Board of Health business license for a licensee and whose holder is registered with the Board and the Commission as being in charge of, as defined in Section 482.152, FS, one or more categories of pest control for said licensee.

(2) "Active pest control certificate" is one whose holder is not utilizing it to obtain a business license from the Board, but is currently engaged in pest control activities and the holder of an identification Card issued by the Board. This certificate must be kept current, with regard to renewal fees, at all times.

(3) "Inactive pest control certificate" is one whose holder is not engaged in the field of pest control and may not engage in pest control but may pay his renewal fees annually or elect, in writing, to withhold, renewal for a period not to exceed five (5) years. If renewal fees are not paid for a period of five (5) years, the certificate shall be revoked for nonpayment of fees. However, the certificate holder may secure renewal at anytime during this five (5) year period, upon making proper application and the payment of all past fees.

General Authority 482.101(13) FS; Law Implemented 482.111 (2)(3)(4)(5)(6)(7) FS

History.-New 1-4-69

333-4.05 Proof of Competency.-(1) A certified pest control operator who

CHAPTER 333-4 CERTIFIED OPERATOR Supp. #62

has been engaged in some field of endeavor other than pest control or an allied industry, for a period of five (5) or more years, shall be required to prove to the Commission by means of written examination, his competency in pest control in order to have his certificate activated for the purpose of securing a business license.

(2) Such examination for competency shall : (a) Be administered within thirty (30)

days of application for reactivation at such location as the Commission may designate.

(b) Upon failure to attain a passing score, equal to or exceeding seventy-five (75) percent of the total number of questions contained on the examination, the applicant will be eligible for reexamination again thirty (30) days after his first sitting and each sixty (60) days thereafter.

(c) The fee for each administration of this examination shall not exceed ten dollars.

(d) The examination shall be limited to current pest control statutes, rules, regulations, and new developments in the categories for which certification reactivation is desired.

General Authority 482.101(13) FS; Law Implemented 482.132 FS

Hlotory.-New 1-4-69

333-4.06 Notice of Change of Address.-It is the responsibility of each Certified Operator to inform the Commission of all changes of his mailing address within ten (10) days of ·such change.


Hlltor,. .-Revlsed 12-23-65

333-4.07 Notice of Change of Employment.-Each Certified Pest Control Operator must inform the Secretary of the Pest Control Commission immediately, in writing, of any change of his employment status, including, but not limited to, change from one licensee to another.

General Authority 482.101(13) FS; Law Implemented 482.111 (3)(5),482.071 FS

Hlotor,. .-Revlsed 12-23-65

333-4.08 Certified Operator in Charge of Pest Control Activities of a Licensee.-

(1) In the event the residence of a certified operator in charge of pest control activities of a licensee is not within normal commuting distance of the office of such licensee, the Commission may require that such certified operator submit to it, in writing, information to show to the Commission that he is in fact con-

8

trolling, directing and supervising the pest control activities of the licensee.

(2) The Commission may require any certified operator who is in charge of the pest control activities of a licensee, to make brief reports to the Commission at reasonable intervals of no more frequency than once a month, showing that he does in fact control, direct and supervise the pest control activities of said licensee.

(3) In the event the information submitted to the Commission is insufficient for the Commission to determine that such Certified Operator is in fact controlling, directing and supervising the pest control activities of the licensee, the Commission may require such operator to appear before it and set forth in detail information to show that he is in fact in charge of the pest control activities of the licensee.

General Authority 482.101 (13) FS; Law Implemented 482.071, 482.160 FS


333-4.09 Proof of Control and Supervision.-A Certified Operator employed in more than one occupation whose certificate is used for licensing purposes by a licensee, may be required to provide the commission with satisfactory evidence by sworn affidavit on forms provided by the Commission, of his being able to direct, control and supervise the pest control activities to which his certificate is assigned.

General Authority 482.101(13) FS; Law Implemented 482.071 (1), 482.160 FS

History.-Revlsed 12-23-65, Amended 1-4-69

333-4.10 Responsibility of Certified Operators.-

(1) A certified operator shall always be held responsible to the law for:

(a) His pest control activities whether or not his certificate is being used as a licensing certificate

(b) Giving true information to the Commission as regards to examination applications, employment affidavits, job requirement affidavits, application for certificate renewal and the like.

General Authority 482.101(13) FS; Law Implemented 482.160, 482.161 (1)(5) FS


333-4.11 Grandfather Clause.-The deadline date for making application for certification as outlined in 482.221(2) and 482.221(6g), shall be June 30, 1966.

General Authority 482.101(13) FS; Law Implemented 482.221 (2) (6) FS

History.-Rev!sed 12-23-65, Amended 3-26-66, 1-4-69

/-

SlIpp. #30 IDEN'DIFICATION CARD CHAPTER 333-5

RULES

OF THE


OF FLORIDA

CHAPTER 333-5

SPECIAL IDENTIFICATION CAHD ('Revised 12-23-65)

333-5.01 333-5.02 333-5.03 333-5.04

Examination Categories Renewal Fees Renewal Forms

333-5.01 Examination.-Each applicant for the examination for Special Identification Card shall meet the requirements set forth in Chapter 333-2.04 and 333-3, F AC.

General Authority 482.101(13) FS; Law Implemented 482.151 (2)(3) FS

Hislor,. .-Revlsed 12-23-65

333-5.02 Categories.-Thereshall be one category of Special Identification Card; that being Fumigation.


Hislor,. .-Revised 12-23-65

333-5.03 Renewal Fees.-Those persons holding Special Identification Cards shall pay an annual renewal fee of five dollars ($5.00) to the Commission for which they shall receive a renewal receipt. The renewal fee shall be paid on or before June 1 and all checks or money orders shall be made payable to the Pest Control Commission of Florida.


Histor,. .-Revised 12-23-65

333-5.04 Renewal Forms.-On or before April 1 of each year the Commission shall forward to all Special Identification Card Holders, at their last known address, a renewal form for use in applying for renewal of said Special Identification Card. These forms must be used to comply with 333-5.03, F AC (above). Mailing of these forms will be the only notice of renewal issued by the Commission.


Hislor,. .-Revlsed 12-23-65

333-5.05 333-5.06

Failure to Renew Duties and Privileges of Special Identification Card Holders

333-5.05 Failure to Renew.-Failure to renew shall result in the revocation of the Special Identification Card.


Histor,..-Revlsed 12-23-65

333-5.06 Duties and Privileges of Special Identification Card Holders.-

(1) Each Special Identification Card Holder shall notify the Commission in writing, and within ten (10) days, of any change of his employment status and of any change of his mailing address.

(2) No person shall use a Special Identification Card in any category for which the licensee of the Special Identification Card H01der is not properly certified and licensed.

(3) The Special Identification Card Holder shall carryon his person at all times, while performing pest control duties, a card issued by the Board showing that he is authorized as a Special Identification Card Holder. Upon request this card must be shown to any Inspector or other duly authorized person.

(4) No Special Identification Card Holder shall perform any pest control work independently.

(5) The Special Identification Card Holder may perform the duties of a certified operator in charge of. the fumigation operations of a licensee which require the personal presence of the certified operator as set forth in the rules of the Board.


Histor,. .-Revlsed 12-23-65

Supp. #62 LICENSEES CHAPTER 333-6

RULES

OF THE


OF FLORIDA

CHAPTER 333-6

LICENSEES (Revised 12-23-65)

333-6.01 333-6.02

Application for Emergency Stays Duration of Emergency Stays

333-6.01 Application for Emergency Stays. -Licensees must notify the Commission immediately of any vacancy of certified personnel. The Emergency Stay, if granted, will date from the exact time the vacancy occurred. Applications for such Emergency Stays, and any renewals or extension of same, must be made in writing and each must be accompanied by a check drawn in favor of the Pest Control Commission of Florida, in the amount of ten dollars ($10.00). Funds submitted for Emergency Stays cannot be refunded.


History.-Revised 12-23-65

333-6.02 Duration of Emergency Stays.(1) An original ten (10) day Emergency

Stay shall be granted by any member of the Commission, upon request by a licensee or his duly authorized agent.

(2) The Commission may grant an extension of the original ten (10) day Emergency Stay or may grant Emergency Stays for a period of up to ninety (90) days and for similar additional periods provided; however, that the total time for the Emergency Stays shall not exceed one (1) year.

(3) Applications for Emergency Stays shall be made in writing, on forms provided by the Commission, and sworn to by the licensee or his duly authorized agent.

(4) Such application shall contain statements of fact sufficient to show to the Commission:

(a) That an emergency exists

(b) That the licensee is using due diligence in attempting to fill the vacancy

(c) The time within which the licensee can reasonably expect to fill such vacancy

333-6.03 Responsibilities of a Licensee

(d) Whether or not the licensee has in its employ, within the State of Florida, another properly Certified Pest Control Operator who is not in charge of pest control activities of the licensee and who is willing and able to take charge of the pest control activities of the licensee.

(e) Such other information as the Commission may reasonably require.

(5) In any order granting an Emergency Stay or the extension of an Emergency Stay, the Commission may include such reasonable requirements for interim reports as the circumstances may indicate.

(6) When a licensee is under an Emergency Certificate and a Certified Pest Control Operator is employed and remains with said licensee for less than a ninety (90) day period :

(a ) The Emergency Certificate may be revised to include only those days in the ninety (90 ) day period that the licensee operated without a certified operator.

(b ) The licensee must immediately notify the Commission and the Board the date and time he employs and/ or terminates a certified pest control operator while under an Emergency Certificate.



333-6.03 Responsibilities of A Licensee.-Each licensee must inform the Secretary of the Pest Control Commission, in writing within ten (10) days, of: sale of business, discontinuance of business, change of mailing address, change of name of business and any change of certified personnel in charge of pest control activities of the licensee.

11

General Authority 482.101(13) FS; Law Implemented 482.121 FS History.-Revised 12-23-65

Supp. #62 HEARINGS CHAPTER 333-7

RULES

OF THE


OF FLORIDA

CHAPTER 333-7

HEARINGS

333-7.01 Notice of Hearing 333-7.02 Purpose 333-7.03 Definitions 333-7.04 Form of Charges 333-7.05 Attorneys 333-7.06 When Action Commenced 333-7.07 Service of Pleadings and Papers 333-7.08 Time 333-7.09 Defenses

333-7.01 Notice of Hearing.-There shall be reasonable notice of at least twenty (20) days before a hearing on suspension or revocation of a license, certificate, Identification Card and l or Special Identification Card.

General Authority 482.101(13), FS; Law Implemented 120.23, 482.171 FS

Bistor,..-Revised 12-23-65

333-7.02 Purpose.-To provide a uniform procedure of rules for the conduct of hearings before the Pest Control Commission of Florida and pre-hearing procedures conducted within the scope of Florida Statutes, Section 482.171 and Section 482.162 and Chapter 120 of the Florida Statutes.

General Authority 482.101(13) FS; Law Implemented 120.23, 120.24, 120.26, 482.162, 482.171 FS

Bistor,..-New 1-4-69

333-7.03 Definitions.-The definitions of the Florida Statutes, Section 482.021, Rules of the State Board of Health, Section 1701-2.02, are incorporated as applicable in these rules of procedure.

General Authority 482.101 (13) FS; Law Implemented 120.23, 120.26, 482 .021 FS

Bistory.-New 1-4-69

333-7.04 Form of charges.-All hearings before the Commission conducted in accordance with Section 482.171 and Section 482.162 shall be, upon written charges, in the form and manner provided by Section 482.171 of the Florida Statutes and as contemplated by Chapter 120 of the Florida Statutes.

General Authority 482.101(13) FS; Law Implemented 120.23 , 482.171 (1) FS

Bistory.-New 1-4-69

333-7.05 Attorneys.-(1) Pleadings to be signed by attorneys:

Every pleading or other paper of a party represented by an attorney, before the Commission, shall be signed by at least one attorney of record, in his individual name, whose address shall be stated and who shall be duly licensed

13

333-7.10 Amended and Supplemental Plead-ings

333-7.11 Pre-Trial Disclosure 333-7.12 View of Scene 333-7.13 Consolidation: Separate Trials 333-7.14 Depositions 333-7.15 Evidence 333-7.16 Continuances 333-7.17 Challenge of Commissioner 333-7.18 Reinstatement

to practice law in Florida. Except when otherwise specifically provided by these rules or any applicable statute pleadings as such need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by h!m that he has read the pleading or other papers : that to the best of his knowledge, information and belief, there is good ground to support it and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served.

(2) Party not represented by attorney to sign: A party who has no attorney, but represents himself, shall sign his pleading or other paper and state his address.

(3) Stipulations : No private agreement or consent between parties or their attorneys shall be of any force unless the evidence thereof is in writing, subscribed by the party or his attorney against whom it is alleged; provided that parole agreements may be made before the Commission if promptly made a part of the record or incorporated in the stenographic notes of the proceedings and agreements made at depositions which are incorporated in the transcript thereof need not be signed when signing thereof is waived.

(4) Substitution of Attorneys: Attorneys for a party may be substituted at any time by filing with the Commission a stipulation signed by the withdrawing attorney and the substituting attorney.

General Authority 482.101(13) FS; Law Implemented 120.26 FS Bistory.-New 1-4- 69

333-7.06 When action commenced.-Every action within the scope of Florida Statutes, Section 482.171 and Section 482.162, shall be

CHAPTER 333-7 HEARINGS Supp. #62

deemed commenced when the charges are filed with the Commission.

General Authority 482.101(13) FS; Law Implemented 120.23, 482 .171 (I) FS

History.-New 1-4-69

333-7.07 Service of Pleadings and Papers.(1) Service: When required: Unless the

Commission otherwise orders, every pleading or paper subsequent to the initial charges and every other paper filed in the action, except applications for witness subpoena, shall be served on each party.

(2) Same: How made: When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the Commission. Service on the attorney or party shall be made by delivering a copy to him or by mailing it b him at his last known address, or, if no address is known, by leaving it with the Executive Secretary of the Commission. Delivery of a copy within this rule shall mean: (a) handing it to the attorney or to the party; or, (b) leaving it at his office with his clerk or other person in charge thereof; or, (c) if there is n::> one in charge, leaving it in a conspicuous place therein; or, (d) if the office is closed or the person to be served has no office, leaving it at his usual place of abode with some person of his family above fifteen years of age and informing such person of the content. Service by mail shall be complete upon mailing.

(3) Filing: All original papers shall be filed with the Commission at the Executive Offices of the Commission, either before service or immediately thereafter.

(4) Filing with the Commission defined: The filing of papers with the Commission as required by these rules shall be made by filing them with the Executive Secretary of the Pest Control Commission of Florida, except that each member of the Commission may permit the papers to be filed with him in which event he shall note thereon, the filing date and transmit them forthwith to the Executive Secretary of the Commission at the executive offices of said Commission.

(5) Certificate of Service: When any attorney shall certify in substance:

"I certify that copy hereof has been furnished to (insert name or names) , by

(delivery) (mail) this day of ___________________ " 19 ____ __

Attorney" the certificate shall be taken as prima facie proof of such service in compliance with these rules.

General Authority 482.101(13) FS; Law Implemented 120.23, 482.171(1) FS

History.-New 1-4-69

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333-7.08 Time.-(1) Computation: Computation of any pe

riod of time prescribed or allowed by these rules, by order of the Commission or by any applicable statutes, the provisions of the Florida Rules of Civil Procedure, Rule 1.09A shall be applicable.

(2) Enlargement: When an act is required or allowed to be done at or within a specified time by order of the Commission, by these rules, or by notice given thereunder, the Commission, at anytime in .its discretion with or without notice, may order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order or upon motion made and noticed after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect but it may not extend the time for filing a petition for certiorari.

(3) Motions: A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.

(4) Additional time after service by mail: When a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a notice of other paper upon him and the notice of paper is served upon him by mail, three days shall be added to the prescribed period.

General Authority 482.101(13) FS; Law Implemented 120.23, 482.171 FS

History.-New 1-4-69

333-7.09 Defenses.-(1) How presented: Every defense in law

or fact to a charge before the Commission may be asserted at or before the time of final hearing in writing or orally if at the time of final hearing, except that the following defenses shall be made in writing by motion and filed with the Commission not less than five days prior to the date set for final hearing or such other date as may be set by order of the Commission:

(a) Lack of jurisdiction over the subject matter;

(b) Lack of jurisdiction over the person; (c) Improper venue; (d) Insufficiency of process; (e) Insufficiency of service of process; (f) Failure to state a cause of action; (g) Failure to join indispensable parties; (h) Strike or quash insufficient, irrelevant,

redundant, impertinent or scandalous matter; (i) Request for more definite statement.

A motion making any of these defenses shall be made before the presentation of any defenses not above enumerated. The grounds of which any of the enumerated defenses are

Supp. #62 HEARINGS CHAPTER 333-7

based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the motion. Any ground not so stated shall be deemed to be waived except any ground showing that the Court lacks jurisdiction of the subject matter may be made at anytime.

(2) Preliminary hearings: The defenses (a ) through (i) in subdivision (1) of this rule, shall be heard and determined before final hearing on application of any party unless the Commission orders that the hearing and determination shall be deferred until time of final hearing.


History.-New 1-4-69

333-7.10 Amended and Supplemental Pleadings.-

(1 ) Amendments: The Commission may amend its charges at any time before twenty days prior to the final hearing, otherwise, the Commission may amend the charges only by leave of the Commission or by written consent of the Respondent and leave shall be given freely when justice so requires. A Respondent shall file its motions in response to an amended pleading within the time and in the manner prescribed by these rules for defenses to the original charges.

(2) Amendments to conform with the evidence: When issues not raised by the charges are tried by the Commission by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the charges. Such amendments to the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at anytime, but failure to so amend shall not affect the result of the final hearing of these issues. If the evidence is objected to at the trial on the ground that it is not within the issues made by the charges, the Commission may allow the pleadings to be amended to conform with the evidence and shall do so freely when the merits of the cause are more effectually presented thereby and the objecting party fails to satisfy the Commission that the admission of such evidence will prejudice him in maintaining his action or defense upon the merits.

(3) Relation back of amendments: When the charge or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original charges, the amendment shall relate back to the date of the original charges.

(4) Supplemental pleadings: Upon motion of a party or the Commission, the Commission may permit, upon reasonable notice upon such terms as are just, to serve a supplemental mo-

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tion or charge setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.

(5) Amendments generally: At anytime in the furtherance of justice, upon such terms as may be just the Commission may permit any process, proceeding, pleading or record to be amended or material supplemental matter to be set forth in amended or supplemental pleading. At every stage of the action the Commission must disregard any error or defect in the proceeding which does not effect the substantial rights of the parties.


Histor,..-New 1-4-69

333-7.11 Pre-Trial Disc1osure.-Upon written request prior to commencement of the final hearing in the cause, the parties, within their reasonable time, shall exchange a complete list of all witnesses by name intended to be called to testify at the final hearing and shall make available to the opposing party for inspection all documents, exhibits, objects or other tangible things intended to be offered into evidence at the final hearing of the cause; EXCEPT witnesses and exhibits intended for impeachment only shall not be required to be so disclosed. 48~~¥~r~s Authority 482.101 (13), FS; Law Implemented 120.26,

Histor,..-New 1-4-69

333-7.12 View of Scene.-The Commission upon request in writing served within the time and manner prescribed for motions may order, in its discretion, a view of the scene of any relevant and material evidence. 48~~¥~r~s Authority 482.101 (13), FS; Law Implemented 120.26,

History.-New 1-4-69

333-7.13 Consolidation: Separate Trials.(1) Consolidation: When actions involving a

common question of law or fact are pending before the Commission, the Commission may order a joint final hearing of any and all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(2) Separate Trials: The Commission, in furtherance of convenience or to avoid prejudice may order a separate final hearing of any charge or of any separate issue or of any number of issues.


History.-New 1-4-69

333-7.14 Depositions.-Depositions may be taken and used by the parties after reasonable notice in the manner and form prescribed by law.


BistorT.-New 1-4-69

CHAPTER 333-7 HEARINGS Supp. #62

333-7.15 Evidence.-(1) The accepted rules of evidence shall

apply in all hearings before the Commission. (2) Record of excluded evidence: In a final

hearing tried by the Commission if an objection to a question propounded to a witness is sustained by the Commission, the examining attorney or party may make a specific offer of what he expects to prove by the answer of the witness into the record of the cause out of the presence of the Commission.

(3) Filing: When documentary evidence is introduced in an action, the Executive Secretary of the Commission or his designate or the Chairman of the Commission in the absence thereof of the Executive Secretary or his designate, shall endorse an identifying number or symbol on it and when proffered or admitted into evidence it shall be filed by him and considered in the custody of the Commission and not withdrawn except with written leave of the Commission.

(4) Disposal: The Executive Secretary of the Pest Control Commission of Florida shall retain exhibits introduced into evidence or marked for identification; provided:

(a) that the Commission may order any such exhibit returned to either party and;

(b) the Executive Secretary of the Pest Control Commission may destroy or dispose of such exhibits under order of the Commission after notice to all parties or by stipulation of the parties.

General Authority 482.101(13), FS; Law Implemented 120.26, 120.27, 482.171 FS

History.-New 1-4-69

333-7.16 Continuances.-The Commission may order a continuance on good cause shown in the Commission's sole discretion. If continuance is sought on the ground of nonavailability of a witness, the motion or request must show when it is believed the witness will

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be available. No continuance shall be granted for any longer time than the ends of justice required.


Histor:r.-New 1-4-69

333-7.17 Challenge of Commissioner.-Any party to an action shall have the right to challenge any member of the Commission in accordance with Florida Statute 120.09 provided that the party shall make such intent to challenge known by filing and serving in the manner prescribed for motions, a notice of intent to challenge said Commissioner not later than ten days prior to the date and time set for final hearing of said cause and shall set forth in said notice of intent to challenge said Commissioner the grounds on which said challenge are based and the sustantial matters of law intended to be argued shall be stated specifically and with particularity and any ground not so stated shall be deemed to be waived. That said notice of intent to challenge Commissioner shall be also set forth the specific facts with particularity upon which intent to challenge is based and said notice of intent to challenge Commissioner shall be verified upon good faith and information and b~li:f. If said notice of intent to challenge CommIssIoner complies with the requirements of law said Commissioner shall forthwith disqualify himself from participation in said cause.

General Authority 482.101 (13), FS; Law Implemented 482.171, FS.

History.-New 1-4-69

333-7.18 Reinstatement.-Applications for reconsideration, reinstatement, setting aside Commission orders, or review, and also any hearing thereon, or format or informal order thereon shall not stay or toll the time for appellate review of orders of the Commission.

General Authority 482.101 (13), FS; Law Implemented 120.23, 482.171 FS

History.-Revised 12-23-65, (formerly 333-7.02)

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Supp. #62

333-8.01 Copies of Records

MISCELLANEOUS

RULES

OF THE


OF FLORIDA

CHAPTER 333-8

MISCELLANEOUS

CHAPTER 333-8

333-8.01 Copies of Records.-Reasonable charges may be assessed to cover cost of all items requested or required of the Commission.

FSGeneral Authority 482.101(13) FS; Law Implemented 482.101

History.-New 12-23-65, Amended 1-4-69

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Supp. #62 COMMISSION OFFICERS ... - FSU College of Law · Attorney General Opinion 333-1.04...

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