281.045. Certified operator license, when required--application, requirements, examination--maintenance of records--liability of governmental agencies.
Certified operator license, when required--application,requirements, examination--maintenance of records--liabilityof governmental agencies.
281.045. 1. All agencies of the state of Missouri and thepolitical subdivisions thereof, and any other governmental agencyshall be subject to the provisions of sections 281.010 to 281.115and rules adopted thereunder concerning the use of restricted usepesticides.
2. Public operators for agencies listed in subsection 1 ofthis section shall not use, or supervise the use of, anyrestricted use pesticides on any land or structure without acertified public operator license issued by the director. Thecertified public operator shall not use or supervise the use ofany restricted use pesticide for any purpose unless he hasdemonstrated his competence to use pesticides for that purpose bybeing certified by the director in the proper certificationcategory. Any employee of any agency listed in subsection 1 ofthis section who is not licensed as a certified public operatormay use restricted use pesticides only under the directsupervision of a certified public operator.
3. Application for a certified public operator license shallbe made in writing to the director on a designated form obtainedfrom the director's office. Each application shall include allinformation prescribed by the director by regulation.
4. The director shall not issue a certified public operatorlicense 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 public operators.
5. If the director finds the applicant qualified to usepesticides in the classification for which he has applied, thedirector shall issue a license, without a fee, to the certifiedpublic operator who has so qualified. The certified publicoperator license shall be valid only when the operator is actingas an operator using, or supervising the use of, restricted usepesticides in the course of his employment. A certified publicoperator license shall expire three years from the date ofissuance unless it has been revoked or suspended prior thereto bythe director for cause.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.
6. The director may renew any certified public operatorlicense under the classification for which that applicant islicensed, subject to reexamination for additional knowledge whichmay be required to use pesticides safely and properly eithermanually or with equipment the applicant has been licensed tooperate.
7. The director shall require the certified public operator,or his employer, to maintain records with respect to applicationsof restricted use pesticides. Any relevant information which thedirector may deem necessary may be required by regulation. Suchrecords shall be kept for a period of three years from the dateof the application of the pesticide to which such records refer,and the director shall, upon request in writing, be furnishedwith a copy of such records by any certified public operator orhis employer.
8. Agencies listed in subsection 1 of this section shall besubject to a legal action by any person damaged by any use of anypesticide, which may be brought in the county where the damage orany part thereof occurred.
9. Every certified public operator shall display his licensein a prominent place at the site, location or office from whichhe will operate as a certified public operator, that place,location or office being at the address printed on the license.
10. Every certified public operator who changes the addressfrom which he will operate as a certified public operator shallimmediately notify the director. The director shall immediatelyissue a revised license upon which shall be printed the changedaddress. The director shall not collect a fee for the issuanceof a revised license. The expiration date of the revised licenseshall be the same as the expiration date for the originallicense.
(L. 1974 S.B. 431 § 8, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)Effective 1-1-90