§ 20-20-209 - Licenses -- Commercial applicators -- Application.
20-20-209. Licenses -- Commercial applicators -- Application.
(a) No commercial applicator shall engage in the business of applying restricted-use or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Application for a license shall be made in writing to the board on a designated form obtained from the board. Each application for a license shall contain information regarding the applicant's qualifications, the proposed operations, and the license classification for which the applicant is applying, and the application shall include the following:
(1) The full name of the person applying for the license;
(2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section;
(3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group;
(4) The principal business address of the applicant in this state or elsewhere;
(5) (A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.
(B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant.
(C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents;
(6) A description of any equipment used by the applicant to apply pesticides; and
(7) Any other necessary information prescribed by the board.
(b) The board shall not issue a commercial applicator's license until the individual named in subdivision (a)(2) of this section has qualified by passing an examination to demonstrate to the board his or her knowledge of how to apply pesticides under the classifications applied for and his or her knowledge of the nature and effect of pesticides he or she may apply under the classifications. The scope of the examination may be prescribed by regulation.
(c) (1) The board shall issue a commercial applicator's license limited to the classifications for which the applicant is qualified if:
(A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for;
(B) The applicant files evidence of financial responsibility required under subsection (d) of this section;
(C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and
(D) The applicant has paid the license, test, and equipment fees prescribed by the board in its regulations.
(2) (A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause.
(B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section.
(3) The board may limit the license of the applicant to the use of certain pesticides, to certain areas, or to certain types of equipment if the applicant is only so qualified.
(4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.
(d) (1) The board shall not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the board consisting of one (1) of the following:
(A) A letter of credit from an Arkansas bank guaranteeing financial responsibility;
(B) A surety bond;
(C) An escrow account with an Arkansas bank; or
(D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.
(2) (A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period.
(B) The board shall be notified ten (10) days prior to any reduction in liability.
(C) The board shall have authority to set deductible amounts on financial responsibility.
(3) Should the liability furnished become unsatisfactory, the applicant shall upon notice immediately execute new liability. If he or she fails to do so, the board shall cancel his or her license and give him or her notice of the fact, and it shall be unlawful thereafter for the person to engage in the business of applying pesticides until the liability is brought into compliance with the requirements of this section and his or her license is reinstated.
(4) (A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules and regulations of the board.
(B) The violation of any of the provisions of this subchapter by any commercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and the negligence shall be imputable as provided by existing law.
(e) The board may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use pesticides safely and properly due to changing technology.
(f) (1) The provisions of this section relating to licenses and requirements for their issuance do not apply to a person applying pesticides for his or her neighbors, provided that he or she operates and maintains pesticide application equipment for his or her own use, he or she is not engaged in the business of applying pesticides for hire and does not publicly hold himself or herself out as a pesticide applicator, and he or she operates his or her pesticide application equipment only in the vicinity of his or her owned or rented property and for the accommodation of his or her neighbors.
(2) However, when the person uses or supervises the use of a restricted-use pesticide, the person shall comply with the requirements of 20-20-210 or 20-20-211.