§ 20-20-211 - Licenses -- Private applicators.
20-20-211. Licenses -- Private applicators.
(a) In General. (1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use.
(2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board.
(b) Certification Standards. Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or types of pesticides the private applicator is to be certified to use shall be relative to hazards involved. In determining these standards, the board shall take into consideration the standards of the Environmental Protection Agency and is authorized to adopt these standards by regulation.
(c) License Issuance. (1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application.
(2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5) years from the issue date of the license, whichever is applicable, unless it has been suspended or revoked for cause prior thereto by the board. In order to support the program, the board shall phase in the private applicator's license renewals at the end of the 2001 license period in such a way as to ensure that the program funding is equally distributed over the licensing period.
(3) A license shall be invalidated automatically if a private applicator is at any time or for any reason left without an individual determined to be competent under subsection (b) of this section.
(4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.
(5) Private applicators shall be subject to recourse by any person damaged as a result of the application of any pesticide by the applicator.
(6) The violation of any of the provisions of this subchapter by any private applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and this negligence shall be imputable as provided by existing law.