3-3605. Pest management division council; members; duties

A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or applications for certification or licensing. The director shall appoint five members to the council, including one public member.

B. The pest management division council shall:

1. Annually elect a chairman and vice chairman from among its members.

2. Meet at least once each calendar quarter and at additional times at the call of the director or chairman or if requested by at least three members of the council.

3. Keep a record of council proceedings and make those records available for public inspection for any lawful purpose.

C. The pest management division council shall advise the director and the associate director of the division on matters pertaining to the pest management industry, including:

1. Reviewing pest management policy in this state as established by law and administered by the division.

2. Assisting the director in formulating administrative rules for the division, including reviewing, advising and making recommendations to the director on proposed rules before the rules are adopted and recommending and initiating the rulemaking process for rules relating to this chapter.

3. Reviewing proposed changes by the department to statutes or rules pertaining to the pest management industry.

4. Assisting the director in developing proposed budgets for the division.

5. Recommending any other items that the council deems appropriate on matters pertaining to the pest management industry.

6. Providing additional assistance as the director deems necessary.

D. Before a meeting of the department of agriculture advisory council established pursuant to section 3-104, the director shall notify the pest management division council of agenda items that impact the division or the pest management industry. The pest management division council may make recommendations to the department of agriculture advisory council on those agenda items.

E. If the director determines that the rulemaking recommendations of the pest management division council are practicable and in the best interests of the pest management industry and the public, the director shall accept the rulemaking recommendations. If the director rejects the rulemaking recommendations of the pest management division council, the director shall provide a written explanation of the reasons for the rejection to the division council not more than fifteen days after the director's decision to reject the recommendations.

F. The director shall include the comments of the pest management division council in the official record when adopting rules or budgets for the division.