SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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Complainant:CASE SUMMARYOffice of Indiana State Chemist (OISC)175 S. University StreetWest Lafayette, IN 47907800-893-6637Case #2010/0001Applicator: Daniel Maciel Certified ApplicatorBusiness: Bug Bee Gone Pest Control Not Licensed504 E. Follett Lane, Suite BFremont, IN 46737260-316-74941. On 10-1-2009, the Office of Indiana State Chemist (OISC) received anonymous informationindicating Daniel Maciel may be making for-hire pesticide applications without a businesslicense. The information received indicated Mr. Maciel may have performed pest controlservices at Samantha’s House of Pancakes in Angola, Indiana and at Maria’s House ofPancakes in Kendallville, Indiana and Waterloo, Indiana. OISC records indicate Mr. Macielis certified in Category 7a but is not currently associated with a licensed business.2. On 10-15-2009, I spoke with Mr. Maciel and informed him of the complaint. He stated hewas a licensed applicator employed by Charlie’s Spider Fighters until this summer. Mr.Maciel indicated he is in the process of starting a pest control business and is shopping forinsurance so he can apply for his Indiana pesticide business license. He stated he has notmade for-hire applications, but he has made applications at the homes of friends, for nocharge, to get accustomed to his new equipment. He also reported providing a few estimates.Mr. Maciel reported that his financial backer for the business, who co-owns the restaurantsnoted in the complaint, provided him with Bug Bee Gone business cards which have been leftout at the restaurants. I informed Mr. Maciel that advertising and providing estimates forpest control services is prohibited until he obtains a pesticide business license. He agreed tostop giving estimates and remove the business cards from the restaurants until he is properlylicensed.3. On 10-15-2009, I went to Maria’s House of Pancakes at Waterloo, Indiana and spoke withconvenience store manager, Penny Hamman; Maria’s and the convenience store occupy thesame building at a truck stop. Ms. Hamman explained that the two businesses use differentpest control companies. Inside Maria’s, we spoke with Paco Ruiz who produced a Bug BeeGone business card. Mr. Ruiz reported that Bug Bee Gone will be making the pest controlapplications at the restaurant.4. On 10-20-2009, I went to Samantha’s House of Pancakes in Angola, Indiana and spoke withmanager Theresa Shisler. Ms. Shisler produced a service ticket (Invoice #Shp101309) fromBug Bee Gone indicating Cross Check insecticide had been applied on 10-13-2009. Theticket indicated $30.00 was paid with Check #1264. The ticket was photographed as a copierwas not available.Page 1 of 3
Fig.1 Bug Bee Gone service ticket for Samantha’s House of Pancakes in Angola, Indiana5. On 10-20-2009, I went to Maria’s House of Pancakes in Kendallville, Indiana and spoke withthe hostess. I was told I needed to speak with a manager named Amanda about service orbilling questions. She was not there, but I later spoke with “Amanda” on the phone andinformed her of the complaint. She reported that the man from Bug Bee Gone had servicedthe business but she needed some time to find the service ticket. A week later, Amandareported that she was unable to find the service ticket, but she knows service was provided.6. On 10-25-2009, I received a call from Rich Ruiz. Mr. Ruiz stated he is co-owner of therestaurants in question and he is helping Mr. Maciel with startup costs for the business. Hewanted to make sure that there were no problems with Bug Bee Gone obtaining a pesticidebusiness license because one of his sons is going to be working with Mr. Maciel. I informedMr. Ruiz that the OISC is investigating a complaint regarding Mr. Maciel possibly makingapplications without being properly licensed. I informed Mr. Ruiz that the situation needs tobe resolved by Mr. Maciel since he is the certified applicator for the business.7. On 11-2-2009, OISC received an application for business and applicator licenses from Mr.Maciel. On 11-3-2009, I spoke with Mr. Maciel on the phone. He stated he has been withoute-mail and phone service and apologized for his lack of communication. I informed Mr.Maciel that I had seen the service ticket from the application made at Samantha’s. Mr.Maciel reported that he told Mr. Ruiz he needed some money for startup costs. Mr. Ruizreportedly told him to service the restaurants and write up service tickets so the money wouldcome from each restaurant and would go through accounting. Mr. Maciel admitted that hemade pesticide applications at four of Mr. Ruiz’s restaurants on 10-13-2009; these includethe three restaurants previously listed as well as the Covered Bridge Restaurant inPage 2 of 3
Page 2 and 3: egarding the use of personal protec
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Page 14 and 15: Spencerville, Indiana. Mr. Maciel s
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SUMMARY OF CIVIL PENALTIES - Office of Indiana State Chemist

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