CASE SUMMARY - Office of Indiana State Chemist

Complainant:
CASE SUMMARY
Office of Indiana State Chemist (OISC)
175 South University Street
West Lafayette, IN 47907-2063
Case #2005/0308
Business: Charles Heller (F31759)
Heller’s Unlimited
(B28288)
Heller’s Lawn Treatment Professionals (B31758)
P.O. Box 761
Washington, IN 47501-0761
812-254-3220
1. According to OISC records, Charles Heller did not renew the business license for either of the
two above listed businesses for 2005. Mr. Heller is the only certified applicator associated with
the businesses and his certification expired 12-31-2004. OISC records indicate two notification
letters were sent after several attempts were made to contact Mr. Heller by phone.
2. On 7-21-2005, I finally spoke with Mr. Heller on the phone. He indicated that he had to re-take
the Category 3b (lawn care) certification exam, but he assumed his secretary sent in the
appropriate forms and fees. OISC records indicated that application and fees were received, but
the Certificate of Insurance did not list the business correctly. Mr. Heller indicated he did not
know there was a problem, but he would cooperate fully to resolve the issue immediately.
3. On 7-27-2005, I met with Mr. Heller at his shop. He stated that he has a part-time secretary who
works from her home and that he had not seen the letters from OISC. Mr. Heller indicated he did
not wish to renew the business licenses for either of the previously licensed businesses. He stated
he wanted to combine the two businesses and obtain a pesticide business license for the new
business, “Lawn Pro”. I informed Mr. Heller that if he was making for-hire pesticide
applications, he was doing so without an active business license. Mr. Heller admitted he has been
making applications. .
4. Mr. Heller completed a business license application for Lawn Pro, which I later submitted to
OISC. Since the fees had been received by OISC and the Certificate of Insurance was correct,
Mr. Heller was issued a pesticide business license for Lawn Pro (B217823).
Disposition: Charles Heller, the certified applicator, and Heller’s Lawn Pro were cited for violation of
section 14(9) of the Indiana Pesticide Use and Application Law for applying pesticides for hire without
having an Indiana pesticide business license. A civil penalty in the amount of $250.00 was assessed for
this violation. Consideration was given to the fact that Mr. Heller cooperated during the investigation and
there appeared to be a good faith effort to comply.
Andrew R. Roth Date: September 20, 2005
Pesticide Investigator