§ 106-65.27. Examinations of applicants; fee; license not transferable.
§ 106‑65.27. Examinations of applicants; fee; license not transferable.
(a) Certified Applicator. All applicants for a certifiedapplicator's identification card shall demonstrate practical knowledge of theprinciples and practices of pest control and safe use of pesticides. Competencyshall be determined on the basis of written examinations to be provided andadministered by the Committee and, as appropriate, performance testing. Testingshall be based upon examples of problems and situations appropriate to theparticular phase or subphase of structural pest control for which applicationis made and shall include, where relevant, the following areas of competency:
(1) Label and labeling comprehension.
(2) Safety factors associated with pesticides toxicity,precautions, first aid, proper handling, etc.
(3) Influence of and on the environment.
(4) Pests identification, biology, and habits.
(5) Pesticides types, formulations, compatibility, hazards,etc.
(6) Equipment types and uses.
(7) Application techniques.
(8) Laws and regulations.
An applicant for a certified applicator's identification card shallsubmit an examination fee of ten dollars ($10.00) for each phase or subphase ofstructural pest control in which the applicant chooses to be examined. Anexamination for more than one phase or subphase may be taken at the same timeat any regularly scheduled examination. Frequency of such examinations shall beat the discretion of the Committee, provided that a minimum of two examinationsbe given annually. The examination will cover each phase or subphase ofstructural pest control for which application is being made.
(b) License. Each applicant for an original license mustdemonstrate upon written examination, to be provided and administered by the Committee,his competency as a structural pest control operator for the phase or subphasein which he is applying for a license. Frequency of such examinations shall beat the discretion of the Committee, provided that a minimum of two examinationsshall be given annually. The examination will cover each phase or subphase ofstructural pest control for which application is being made. All applicants fora license shall register with the Division on a prescribed form. A licenseexamination fee of twenty‑five dollars ($25.00) shall be charged for eachphase or subphase of structural pest control in which the applicant chooses tobe examined. An examination for more than one phase or subphase of structuralpest control may be taken at the same time.
(c) A license, certified applicator's identification card orregistered technician's identification card is not transferable from one personto another. A licensee or certified applicator may change the name of hisbusiness or employer's business on his license certificate or certifiedapplicator's identification card upon application to the Division.
(c1) When there is a transfer of ownership, management, operationof a structural pest control business or in the event of the death ordisability of a licensee there shall be not more than a total of 90 days duringany 12‑month period in which said business shall operate without alicensee assigned to it; provided that, in the event of the death or disabilityof a licensee, the Committee shall have the authority to grant up to anadditional 90 days within the 12‑month period in which a business mayoperate without a licensee assigned to it.
The owner, partnership, corporation, or other entity operating saidbusiness shall, within 10 days of such transfer or disability or within 30 daysof death, designate in writing to the Division a certified applicator who shallbe responsible for and in charge of the structural pest control operations ofsaid business during the 90‑day period. If the owner, partnership,corporation, or other entity operating the business fails to designate acertified applicator who shall be responsible for the operation of the businessduring the 90‑day period, the business shall cease all structural pestcontrol activities upon expiration of the applicable notification period andshall not resume operations until a certified applicator is so designated.
During the 90‑day period the use of any restricted use pesticideshall be by or under the direct supervision of the certified applicatordesignated in writing to the Division. The designated certified applicatorshall be responsible for correcting all deviations on all existing contractsand for all work performed under his supervision.
The new licensee shall be responsible for correcting all deviations onall existing contracts and for all work performed under his supervision.
(d) The Committee shall by regulation provide for:
(1) Establishing categories of certified applicators, along withsuch appropriate subcategories as are necessary, to meet the requirements ofthis Article;
(2) All licensees licensed prior to October 21, 1976, to becomequalified as certified applicators; and
(3) Requalifying certified applicators thereafter as required bythe federal government at intervals no more frequent than that specified byfederal law and federal regulations. (1955, c. 1017; 1967, c. 1184, s. 6; 1973, c. 556, ss. 5, 6; 1975, c.570, s. 7; 1977, c. 231, s. 6; 1989, c. 725, s. 3; 1999‑381, s. 5.)