14090-14099.5
FOOD AND AGRICULTURAL CODE
SECTION 14090-14099.5
14090. It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate. 14091. The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall state the name and address of the applicant and any other information required by the director. 14092. (a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations including, but not limited to, knowledge of all of the following: (1) Label directions and restrictions on use. (2) Calibration. (3) Pest control equipment. (4) Pest problems and identification. (5) Worker protection, including protective clothing and equipment. (6) Environmentally sensitive areas. (b) The examination shall be in written form and shall be prepared by the director and administered by the commissioner, or the director in any county where there is no commissioner. An oral examination may be administered in those situations where, in the opinion of the commissioner, a written examination would not accurately measure the understanding of the applicant. (c) A passing score for the examination is 70 percent or above. 14093. The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the examination. 14094. If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days. 14095. A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as follows: (a) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with A to H, inclusive, shall expire on December 31 of each third year following December 31, 1997. (b) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with I to Q, inclusive, shall expire on December 31 of each third year following December 31, 1998. (c) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with R to Z, inclusive, shall expire on December 31 of each third year following December 31, 1999. 14096. Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the director, by regulation, or by passing an examination. 14097. The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the property, or other than the operator's authorized representative. The commissioner's or the director's program shall be conducted in accordance with this chapter. 14098. (a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons: (1) Failure to comply with any applicable provision of this division or any regulation adopted pursuant thereto. (2) Failure to supervise the use of a restricted material in a manner that ensures compliance with this division or any regulation adopted pursuant thereto. (3) Making any false or fraudulent report. (b) Any action by the commissioner or the director pursuant to subdivision (a) may be appealed in a manner consistent with the procedures for appealing the suspension of a restricted material permit as prescribed in Section 11512.5. 14099.5. This chapter shall become operative on January 1, 1997.