Wood
Destroying Pest Complaint Investigations |
| |
|
| Who
regulates inspections for wood destroying pests in Indiana? |
| |
The Indiana Pesticide
Use and Application Law (I.C. 15-16-5-39) designates the Indiana State
Chemist as the state official responsible for regulating pesticide
use and pest inspection reporting activity in Indiana.
The Office of Indiana
State Chemist (OISC) is located on the West Lafayette campus of Purdue
University. The pesticide section has a full-time staff of approximately
20 employees including administrative, program management and laboratory
personnel, and six pesticide investigators. |
| |
|
| When
should I file a complaint? |
| |
It is suggested that
complainants contact the responsible inspection company prior to filing
a formal complaint with OISC. Most companies who have made honest inspection
or reporting errors will work with complainants to resolve legitimate
claims. However, if the company does not respond to your complaint or
fails to correct a problem as promised, then call 1-800-893-6637, or contact
George Saxton, Office of Indiana State Chemist, 175 S. University
Street, West Lafayette, IN 47907-2063. |
| |
|
| How
soon after I make a complaint will an investigation be conducted? |
| |
Expediency of the investigation will be determined by the investigator's
case load. OISC will prioritize incident investigations involving:
1. Human death or illness
2. Livestock or animal death or illness
3. Property damage
The OISC investigator will generally make telephone contact with the complainant
within 7 days of the initial complaint. This telephone contact will allow
the investigator to determine if a site visit is necessary and to schedule
such a visit at a mutually convenient time for the complainant and the investigator.
The site visit will generally be conducted within 21 days of the initial complaint.
It is important to remember that even though the investigator has not
been to your home, other parts of the investigation may already be under
way such as checking records at OISC or obtaining documentation from
the suspected violator and/or witnesses. |
| |
|
| What
should I do to prepare for the investigation? |
| |
To expedite the investigation,
complainants are encouraged to make their own photographs or videotapes
to document damage that they believe may be related to the incident.
Complainants should also photocopy for the investigator, bills, contracts,
correspondence, graphs, or other documents that relate to the complaint. |
| |
|
| What
is the role of the pesticide investigator? |
| |
After receiving a
complaint, an investigator will contact pertinent individuals to conduct
inspections and/or interviews. The investigator may document the incident
through graphs, photographs, video tapes, statements, interviews, and
on-site assessments. The investigator will focus on whether a violation
of the state pesticide law has occurred. The investigator's observations
will be compiled into a case summary of the incident. |
| |
|
| What
type of violation(s) will the investigator look for? |
| |
It is a violation
of the state pesticide law to make false or misleading statements during
or after an inspection concerning any infestation of pests. The investigator
will attempt to determine if adequate evidence is available to document
the accuracy and truthfulness of the inspection report on the date
of the inspection. Since the investigator is attempting to assess conditions
that can change, this becomes more difficult to do as more time passes
from the date of the original inspection report.
It is also a violation to make a for-hire wood destroying pest inspection
report without a license issued by OISC. The investigator will also attempt
to ensure that the inspection was performed by a properly licensed individual. |
| |
|
| What
happens after the investigator visits my property? |
| |
After the investigator
has gathered all of the necessary information related to an investigation,
OISC compliance and technical support staff review the
case for possible violations of the state pesticide law. If a violation
has been detected, one or more of the following remedies may be applied:
- Warning/Citation
- Civil penalty assessment
- License or certification revocation, suspension or modification
- Referral for criminal prosecution (Class A or C misdemeanor) to the appropriate
court of jurisdiction.
The specific enforcement action taken will depend on such factors as:
- Violator's compliance history
- Corrective action taken by the violator
- Degree of damage
- Intent of the violator
- Extent of deviation from the legal requirement |
| |
|
| How
long does an investigation usually take? |
| |
Although the goal
of OISC is to conclude every case as quickly as possible, many factors
delay the conclusion of a case. Some of these are: lack of cooperation
of the pest inspector or complainant; legal rights of the pest inspector;
the need to conduct follow-up investigations; and the need to respond
to other complaints. |
| |
|
| How
will I be kept informed of the progress of my investigation? |
| |
Contact the investigator
handling your case for a progress report on your case, but only after
the minimum time estimate which is approximately 10 weeks. |
| |
|
| How will I be informed of the results of the investigation? |
| |
A final written report (case
summary) will be provided to both the complainant and the alleged violator.
The case summary will outline OISC's investigation
findings and whether a violation was documented or not. It can only be
finalized and distributed once any related enforcement action has been
completed. OISC cannot directly compel a violator to refund money, repair
damage, or pay other monetary compensations. If a violator and complainant
cannot come to an agreement, through the use of a subpoena, the OISC
investigator will testify in civil proceedings as an unbiased, agent of the state
as to the results of the investigation. |
| |
|
| How much does an investigation cost? |
| |
Investigations are conducted by OISC at no cost to either the complainant
or the pest inspector. |
| |
|
| Who can I call if l have a question regarding my
complaint or a complaint filed against me? |
| |
Call OISC at 1-800-893-6637
Monday through Friday, 8:00 a.m. - 12:00 and 1:00 -5:00 p.m. Leave a
message for the investigator handling your case/complaint. Also be sure
to leave your area code and phone number and the time(s) that you are
available at that number. You may also leave your e-mail address, if
telephone contact is difficult for you. Investigators spend much
of their time in the field, but will get back with you as quickly as
possible. |
| |
