281.037. Certified noncommercial applicator's license, when required--application for certified noncommercial applicator's license, examination, fee--scope of license--records to be kept.

Certified noncommercial applicator's license, whenrequired--application for certified noncommercial applicator'slicense, examination, fee--scope of license--records to be kept.

281.037. 1. Any individual who is not certified pursuant tosection 281.035, 281.040 or 281.045, or has not been issued aprivate applicator permit pursuant to subsection 5 of section281.040 shall not use, or supervise the use of, any restricteduse pesticide without a certified noncommercial applicatorlicense. A certified noncommercial applicator shall not use, orsupervise the use of, any restricted use pesticide for anypurpose unless he has demonstrated his competence to usepesticides for that purpose by being certified by the director inthe proper certification category.

2. Application for a certified noncommercial applicatorlicense shall be made in writing to the director on a designatedform obtained from the director's office. Each application shallinclude such information as prescribed by the director byregulation.

3. The director shall not issue a certified noncommercialapplicator license until the applicant is certified by passing anexamination provided by the director to demonstrate to thedirector his competence and knowledge of the proper use ofpesticides under the classifications for which he has applied,and his knowledge of the standards prescribed by regulations forthe certification of noncommercial applicators.

4. If the director finds the applicant qualified to userestricted use pesticides in the classification for which he hasapplied, the director shall issue a certified noncommercialapplicator license limited to the applicator categories in whichhe is certified. The license shall expire one year from the dateof issuance unless it has been revoked or suspended prior theretoby the director for cause. The director may limit the license ofthe applicant to the use of certain restricted use pesticides, orto certain areas, or to certain types of equipment if theapplicant is only so qualified. If a license is not issued asapplied for, the director shall inform the applicant in writingof the reasons therefor.

5. The director may renew any certified noncommercialapplicator license under the classification for which the licenseis issued subject to reexamination for additional knowledge whichmay be required to apply pesticides safely and properly.

6. The director shall collect a fee of twenty-five dollarsfor each certified noncommercial applicator license issued.

7. Any certified noncommercial applicator may use, orsupervise the use of, restricted use pesticides only to or onlands or structures owned, leased or rented by himself or hisemployer.

8. The director shall require the certified noncommercialapplicator or his employer to maintain records with respect toapplications of restricted use pesticides. Any relevantinformation which the director may deem necessary may be requiredby regulation. Such records shall be kept for a period of threeyears from the date of the application of the pesticide to whichsuch records refer, and the director shall, upon request inwriting, be furnished with a copy of such records by anycertified noncommercial applicator or his employer.

9. Every certified noncommercial applicator shall displayhis license in a prominent place at the site, location or officefrom which he will operate as a certified noncommercialapplicator; that place, location or office being at the addressprinted on the license.

10. Every certified noncommercial applicator who changes theaddress from which he will operate as a certified noncommercialapplicator shall immediately notify the director. The directorshall immediately issue a revised license upon which shall beprinted the changed address. The director shall not collect afee for the issuance of a revised license. The expiration dateof the revised license shall be the same as the expiration datefor the original license.

(L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90