Structural Meeting Summaries

Phoenix – Feb. 7
Tucson - Feb. 8

Number one issue for SPCC industry – Communication

People want to know that they can continue to get licensed, can continue to ask questions of someone with knowledge on regulations, complaints with a consistent response. All things under SPCC stay in place under the ADA once the transition takes place, the regulated community should continue to operate as they do everything stays in place, licenses, approved CEUs, testing permissions, penalties etc. 

What structural pest industry would like to see from ADA:

• Website with useful, current information
• E-news letter to indsutry would be good, also realize not everyone has web access
• Use distributors, associations etc to get information out
• When dealing with complaints need to keep people in the loop
• Consumers currently find SPCC by going to BBB and AGs office so we need to make sure to keep this link.
• How does structural have a voice – not lose their identity.
•  ADA - Just as individual growers continue to have a voice so should structural – individuals calling in – public meetings – organizations, associations all provide input in - we maintain a very open line for communication

Regulatory Process

Structural industry concerned because they didn’t know how the regulatory process would work under ADA.

ADA Vision of regulatory process:
1) business will be notified if there is an issue. 
2) investigation by current inspectors
3) case write up by inspector – peer reviewed
4) goes to supervisor – works with legal/tracking and parties to develop potential settlement/recommendation 
5) goes to Associate for review – concurrence
6) to director for review – concurrence 
7) complaint driven it will also go to AGs office for review – concurrence.   

ADA enforcement priorities will be those affecting health and environment – and illegal activities toward a consumer.   Education is key.

Some in strucutral industry feel there is a benefit of having a commission review – industry knows industry  and what goes on in the real world – public input, toxicology (hasn’t been on commission for years)  - help to make a balanced decision – some feel ADA does not know what structural industry does. Others voiced confidence in ADA dealing with more complex issues already and this will not be difficult (see related issue under Laws and Rules)

Information Technology

• People want to be able to continue to do what they currently can (license renewals) and would like to do more. 
• Electronic TARF submittal – (SPCC is beta testing now)
• Would like to purchase educational materials on line
• Use credit cards for payment of everything

Laws and Rules

• Commission will no longer exist – the idea of a 2 year transition for an advisory council in session law – after that an advisory council can be continued by the Director if desired/mutually beneficial – some like this idea and others want it to continue forever – one twist is a technical advisory committee to help advise on what normally prudent persons would do
• No monthly SPCC meeting is good – If applicant meets requirements for licensure, they would be immidiately notified and could go test
• Structural concern – “will penalty matrix continue to be used?” (ADA – yes)
• Structural concerned that penalties would be criminal – (ADA does civil complaints unless it is criminal act and then it is referred just as it would be under SPCC)
• Some Structural – There are changes that are needed in both the laws and rules – not just transfer of language from one agency to next
• Should pre-treat be defined in statute
• Felons is a concern for agency and others – do we look at moral terpitude – allow felons to appeal to OAH?  Ideally could this be layed out in rule so as people know who could be licensed
• Concern over over-lap of agency laws ie: ag laws and SPCC laws which would change processes (ADA - they are separate and will only be redone for consistency ease such as the annual report to the legislature report date)
• 3000 hours of experience is a concern – could knowledge base be better – IE: 50 WIRs, 50 pretreats, etc. – There is no way to get the 3000 hours if in business and wanting to expand.  – Look at Board of Technical Registration for how they do it.
• Unlicensed applicators, businesses is a concern and should be pursued – for county attorneys this is not a priority
• Rules must be based in law – rules currently a mess
• Concern over landscaper exemption – effort should be stepped up on checking into this – if you spray you should be a licensed applicator
• Need to make regulations more black and white so people know what is required and then the regulatory body should act appropriately to violations

Budget

• Don’t continue to pay rent for an empty building – especially in light of dropping revenue
• If efficiencis are achieved, can fees be reduced for industry/public that ultimately pays them?  (ADA - this is something that will be monitored and fees may change in the future based on income and realization of efficiencies – however during the transition fees will not change) 
• Money stays in structural fund only to be used for running structural program

Other

• Testing continue to keep the tests relevant and current
• Storage and access to files is a real issue- can’t store files with personal information where public can get at them
• Will employees and office move - yes

SPCC Staff Concerns 

• Miscommunication of information has caused more angst with staff
• Want as much advance notice as possible on the jobs, i.e. will they have one, what will the salary be, what position will they be in
• Concerns over location move – how do you break them up there are interdependent – heard they would be jammed in small office space – (tour of ADA building on 2/7 helped)
• Don’t want to lose experience of staff
• Concern over use of vehicles – heard all vehicles must be left at Phx office at night
• Concern over who is representing them as this process moves forward
•  Job functions – meeting will be held 2/13 to discuss further
• Can’t everyone be kept on board – allows for smooth transition and better decision making for ADA

ADA realizes the importance of all their concerns and making sure they are all treated well