Policies & Statutes

 

New Rules

NOTICE OF PROPOSED EXPEDITED RULEMAKING

TITLE 3. AGRICULTURE

CHAPTER 8. DEPARTMENT OF AGRICULTURE

PEST MANAGEMENT DIVISION

ARTICLE 1. FEES; CHARGES; EXEMPTION

1. Article, Part, of Section Affected (as applicable) Rulemaking Action

R3-8-103 Amend

 

2. Citations to the agency’s statutory authority for the rulemaking to include the authorizing statute (general) and the implementing statute (specific):

Authorizing Statutes: A.R.S. §§ 3-107(A)(1), 3-3603(A)(1) & 3-3618

 

3. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the proposed expedited rulemaking:

Notice of Rulemaking Docket Opening: Date to be completed by editor.

 

4. The agency’s contact person who can answer questions about the rulemaking:

Name: Vince Craig, Associate Director, PMD

Address: Arizona Department of Agriculture

Pest Management Division

1688 West Adams Street

Phoenix, AZ 85007

Telephone: (602) 255-3664

Fax: (602) 542-0466

E-mail: [email protected]

or

Name: Louise Houseworth, Asst Director, Budget & Strategic Planning

Address: Arizona Department of Agriculture

1688 W. Adams Street

Phoenix, Arizona 85007

Phone: 602 542 0952

Fax: (602) 542-5420

E-mail: [email protected]

 

5. An agency's justification and reason why a rule should be made, amended, repealed or renumbered, under A.R.S. § 41-1027, to include an explanation about the rulemaking:

The Division has received significant feedback from its customers requesting the licensing fees be temporarily reduced. The Division agrees with this recommendation and intends to implement a temporary, two year fee reduction, of at least 25% on all license related fees. This reduction will provide financial relief to industry members who desire to legally operate a pest control business. Because the fees collected from the industry annually exceed the operating expenses of the Division, a temporary fee reduction will not negatively impact the Division’s operations.

This rulemaking is eligible for expedited status pursuant to A.R.S. § 41-1027 because it does not increase the cost of regulatory compliance, increase a fee, or reduce the procedural rights of any regulated person, yet does amend a rule that is currently outdated and as written is not currently necessary for the operation of the Pest Management Division.

 

6. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material:

None.

 

7. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

Not applicable.

 

8. The preliminary summary of the economic, small business, and consumer impact:

Under A.R.S. § 41-1055(D)(2), the Department is not required to provide an economic, small business, and consumer impact statement.

 

9. The agency's contact person who can answer questions about the economic, small business, and consumer impact statement:

Not applicable.

 

10. Where, when, and how persons may provide written comment to the agency on the proposed expedited rule under A.R.S. § 41-1027(C):

Oral Proceeding: December 11, 2018, 11:00 a.m.

Arizona Department of Agriculture, Room 206

1688 W. Adams St.

Phoenix, AZ 85326

Close of record: December 11, 2018, 12:00 p.m.

A person may submit written comments on the proposed expedited rules no later than the close of record to either of the individuals listed in item 4.

 

11. All agencies shall list other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

a. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used:

This rule does not require a permit, it simply implements licensing fees as required by A.R.S. § 3-3618.

b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law:

Federal laws do not apply to the rules in A.A.C. R3-8-103

c. Whether a person submitted an analysis to the agency that compares the rule’s impact of the competitiveness of business in this state to the impact on business in other states:

No such analysis was submitted.

 

12. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules:

None

 

13. The full text of the rule follows:

R3-8-103. Fees; Charges; Exemption

A. Beginning March 1, 2019 through June 30, 2020, a person shall pay the following application and renewal fees for licensure, certification, and registration:

1. For an applicator:

a. Applicator certification, $55.

b. Applicator certification broadening application, $0.

c. QA certification, $75.

d. QA certification broadening application, $15.

2. For a qualifying party:

a. Registration at same time as application for or renewal of the business license, $0.

b. Registration at a different time than application for or renewal of the business license, $35.

c. Registration broadening, $15.

d. Temporary qualifying party registration, $75.

3. For a business:

a. Business license, $185.

b. Business license for federal entity, $0.

c. Applicator registration, $0 per applicator.

4. For a branch:

a. Branch office registration, $35 per branch.

b. Branch supervisor registration at same time as branch office registration, $0.

c. Branch supervisor registration at a different time than branch office registration, $15.

A.B.Beginning July 1, 2020, Aa person shall pay the following application and renewal fees for licensure, certification, and registration:

1. For an applicator:

a. Applicator certification, $75.

b. Applicator certification broadening application, $0.

c. QA certification, $100.

d. QA certification broadening application, $25.

2. For a qualifying party:

a. Registration at same time as application for or renewal of the business license, $0.

b. Registration at a different time than application for or renewal of the business license, $50.

c. Registration broadening, $25.

d. Temporary qualifying party registration, $100.

3. For a business:

a. Business license, $250.

b. Business license for federal entity, $0.

c. Applicator registration, $0 per applicator.

4. For a branch:

a. Branch office registration, $50 per branch.

b. Branch supervisor registration at same time as branch office registration, $0.

c. Branch supervisor registration at a different time than branch office registration, $25.

B.C.A person renewing an applicator certification, QA certification, business license, branch office registration, or branch supervisor registration shall receive a 10 percent reduction in the renewal fee for renewals submitted for a two year renewal period.

C.D.In addition to the fees listed in subsection (A), a person shall pay a $10 handling fee for each application or renewal form not submitted electronically when PMD allows electronic submission.

D.E.A person shall pay a late fee equal to ten percent of the renewal fee for any license, certification, or registration that is not renewed timely.

1. If a business license remains expired for more than 30 days, to renew the license, a person shall also pay an additional late fee of $15 per month that the license remains expired, not to exceed $165. Late fees are in addition to the renewal fee.

2. If a certification remains expired for more than 30 days, to renew the certification, a person shall also pay an additional late fee of $10 per month the certification remains expired, not to exceed $110. Late fees are in addition to the renewal fee.

E.F.A business licensee shall pay the following TARF fees:

1. Electronic submissions, $2;

2. Electronic final grade treatment TARF submissions, $0;

3. Electronic TARF submissions for a pretreatment or new-construction treatment of an addition that abuts the slab of an originally treated structure, $0, if the business licensee:

a. Performed the pretreatment or new-construction treatment of the main structure,

b. Filed a TARF regarding the pretreatment or new-construction treatment,

c. Has the structure under warranty, and

d. Treats the abutting addition under the terms of the site warranty;

4. All paper submissions, $8; and

5. Late fee equal to the original TARF fee for any TARF submission more than 30 days after the due date, except that the late fee for an electronic final grade treatment TARF submission more than 30 days after the due date shall be $2.

F.G.If the PMD administers a certification examination, an applicant shall pay $50 to take the examination. If an examination service or testing vendor administers a certification examination, an applicant shall pay the examination service or testing vendor the examination cost established in the vendor’s contract with the PMD.

G.H.PMD employees are exempt from the applicator and examination fees listed in this Section.

H.I.An applicant who makes a payment for a fee due under this Section that is rejected by a financial institution will be subject to all of the following:

1. The PMD shall void any approval of the application or renewal.

2. The applicant shall pay any financial institution fee incurred by the PMD.

3. The PMD may require the applicant to pay all fees due using a method other than a personal or business check.

4. An application for renewal will be considered untimely if the substitute payment is not received by the PMD by the original due date, and the applicant will be subject to a late fee based on the date of receipt of the substitute payment.

I.J. The PMD may reject an application or request for service that is submitted with the incorrect fee and not process the application or provide the service. An application for renewal will be considered untimely if the substitute payment is not received by the PMD by the original due date, and the applicant will be subject to a late fee based on the date of receipt of the substitute payment.

 

Rule:

R3-3-207. Agricultural Pest Control Advisor License; Examination; Fee; Renewal; Exemption

The primary purpose of this rulemaking is to make the educational requirements for becoming a PCA more flexible.

Contact: Jack Peterson at (602) 542-3575
Docket Opening: July 26, 2013
Proposed Rulemaking: July 26, 2013
Final Rulemaking: Effective January 4, 2014

 

Rule:

R3-4-101. Definitions
R3-4-107. Experimental Purposes
Table 1. Time-frames (Calendar Days)
R3-4-201. Transportation and Packaging
R3-4-204. Pink Bollworm and the Cotton Boll Weevil Complex
R3-4-218. Cotton Boll Weevil Pest

The primary purposes of this rulemaking are to repeal rule 107, add a new definitions section to Article 2, revise the tillage and replanting deadlines for cotton in rule 204, reduce the size and change the composition of the rule 204 advisory committee, update the pest treatment options for rules 204 and 218, revise the quarantine areas in rule 218, and add pink bollworm as a regulated pest under rule 218.

Contact: Brian McGrew at (602) 542-0955 or Aaron Thompson at (602) 542-8334
Docket Opening: August 10, 2012
Proposed Rulemaking: July 26, 2013
Final Rulemaking: Effective January 4, 2014

 

Rule:

Golf Applicator rules: R3-3-101, Table 1, R3-3-201, R3-3-202, R3-3-208, R3-3-305, R3-3-401, R3-3-402 & R3-3-502

This rulemaking implements the shift of regulation of pesticide use by golf courses from the Office of Pest Management to the Department of Agriculture.

Contact: Jack Peterson at (602) 542-3575 or email [email protected].
Final Exempt Rulemaking: September 16, 2013

 

Rule:

Applicator Certification; Examination; Fee; Renewal: R3-3-208

The primary purpose of this rulemaking is to eliminate the requirement of having at least one unit of continuing education related to the use of fumigants for a raw agricultural commodity or on-farm burrowing rodent problem in order to renew fumigation certification. The rulemaking also reorders and clarifies the rule in several respects.

Contact: Chris McCormack at 602-542-8334
Contact: Jack Peterson at (602) 542-3575 or email [email protected].
Docket Opening: April 6, 2012
Proposed Rulemaking: April 6, 2012
Final Rulemaking: November 10, 2012

Information on this web site does not constitute the official text of Arizona rules. Read the disclaimer for more information.

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