32-2308
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32-2308. Joint responsibility for supervised persons A. A business licensee, qualifying party or applicator may be held jointly responsible for the acts or omissions of another person who is under the supervision of the business licensee, qualifying party or applicator if the supervising licensee fails to properly train, equip or supervise the other person or fails to maintain records of proper training, equipping or supervising. B. Failure to timely and fully respond to requests by the acting director for information relating to training, equipping and supervising is a prima facie showing of a failure to properly train, equip or supervise. The supervising licensee has the burden of proof by a preponderance of the evidence that the business licensee, qualifying party or applicator has fulfilled the required duties as prescribed by this chapter, rules adopted pursuant to this chapter or a written order of the acting director. |