Wood
Destroying Pest Complaint Investigations |
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| Who
regulates inspections for wood destroying pests in Indiana? |
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The Indiana Pesticide Use and Application Law (I.C. 15-3-3.6) 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 five pesticide investigators. Two of the
five investigators; specialize in wood destroying pest related issues. |
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| When
should I file a complaint? |
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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 contact George Saxton of
OISC at 175 S. University Street, West Lafayette, IN 47907-2063, saxtong@purdue.edu,
or 1-800-893-6637. |
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| How
soon after I make a complaint will an investigation be conducted? |
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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 to 10 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 30 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. |
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| What
should I do to prepare for the investigation? |
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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. |
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| What
is the role of the pesticide investigator? |
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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. |
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| What
type of violation(s) will the investigator look for? |
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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. |
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| What
happens after the investigator visits my property? |
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After the investigator has gathered all of the necessary information
related to an investigation, OISC administrative 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 |
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| How
long does an investigation usually take? |
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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 inspector and complainant; legal rights of the inspector; the
need to conduct follow-up investigations; and the need to respond to
other complaints. |
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| How
will I be kept informed of the progress of my investigation? |
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Contact the investigator handling your case for a progress report on
your case, but only after the minimum time estimate which is approximately
4 to 6 weeks. |
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| How will I be informed of the results of the investigation? |
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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. |
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| How much does an investigation cost? |
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Investigations are conducted by OISC at no cost to either the complainant
or the pest inspector. |
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| Who can I call if l have a question regarding my
complaint or a complaint filed against me? |
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Call OISC at (765) 494-1585 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. Investigators spend
much of their time in the field, but will get back with you as quickly
as
possible. |
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