Section 0080-09-04-.03 - PESTICIDE CHARTERS(1) A pesticide charter is required per office for any person who engages in the business of commercial pest control.(2) Application for a charter shall be made on forms provided by the department, which shall be completed in full and may include: (a) Name of the applicant;(b) Date of birth of any applicant who is an individual or a partner in a general partnership;(c) Proof of one of the following for any applicant who is not an individual or a partner in a general partnership: 1. Entity's registration in its state of incorporation; or,2. Entity's business license issued by a local governmental authority;(d) Contact information for applicant, to include name of person legally responsible for applicant's operations, telephone number, email address, and address of the principal place of business;(e) Address of office where applicant will engage in the business of commercial pest control;(f) Name and pesticide control operator license number of each person assigned to supervise commercial pest control operations under the charter;(g) Proof of bonding and insurance as required under the Act;(h) Solicitors registration. Roster and applicant's written verification of all employees authorized under the charter to solicit pest control business or to enter into contract on the applicant's behalf;(i) Technicians registration. Roster of non-clerical employees who are not included in the solicitors registration; and,(j) Other information as required by the department.(3) Charter holders shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.(4) Applicants shall include with their application payment of a charter fee and solicitor and technician registration fee.(a) Charter fee. The fee for a pesticide charter is a Tier 9 biennial fee under T.C.A. § 43-1-703(f), which may be prorated in the initial term of the charter as a Tier 5 fee for each year remaining in the term.(b) Solicitor and technician registration fee. The fee for solicitor and technician registration is a Tier 2 biennial fee under T.C.A. § 43-1-703(f) for each non-clerical employee registered with the department. The solicitor and technician registration fee may be prorated as a Tier 1 fee for each person employed by the charter holder for less than one year preceding the application.(c) Term. All charters expire on June 30 of odd numbered calendar years.(5) Applicants for renewal shall submit the appropriate fees and required application materials to the department on or before July 1 of the year in which the charter expires. (a) If an applicant for renewal fails to pay required fees or to provide required application materials on or before July 16 following expiration of the charter, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the applicant's charter.(b) Lapse of bonding or insurance at any time shall result in immediate expiration of the charter. The charter holder shall be afforded a grace period of 30 days to submit proof of valid bonding and insurance to the department without accrual of charges to reinstate the charter. Following the grace period, the firm shall be required to obtain a new pesticide charter and pay all associated fees in order to operate in the business of commercial pest control.(6) The department may deny any application for a charter that is not completed in accordance with this rule.Tenn. Comp. R. & Regs. 0080-09-04-.03
Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203, 62-21-111, and 62-21-118.