§ 23-25-12 - Licenses for commercial applicators – Rules and regulations.
SECTION 23-25-12
§ 23-25-12 Licenses for commercialapplicators – Rules and regulations. – (a) No commercial applicator shall apply any pesticide classified for generaluse by EPA or the director unless that application is by or under the directsupervision of a person certified under § 23-25-13 or licensed under thissection; provided, that the application may be made without compliance with§ 23-25-13 or this section on land owned or rented by the applicator orhis or her employer.
(b) The director is authorized to adopt rules andregulations, including but not limited to regulations:
(1) Establishing procedures for filing a license application,applicant qualifications, license classifications if necessary, standards, andthe scope and types of examinations necessary to carry out the intent of thischapter;
(2) Establishing license fees not to exceed thirty dollars($30.00);
(3) Establishing the term during which a license remainsvalid (unless suspended or revoked for cause), expiration dates, credentials,and requirements for renewal (which may include reexamination if deemednecessary);
(4) Enabling the transfer of existing licenses toclassifications established under this section with or without re-examination;
(5) Establishing limits of liability covering the applicant'sspraying operations;
(6) Requiring the display of a decal, indicating that theapplicant has met the requirements of this chapter, in a prominent place on anyvehicle used in the applicant's spraying operations;
(7) Prescribing exceptions for utility and other employeeswho are not normally involved in pesticide applications but who may find itnecessary when performing their normal tasks to use a general use pesticide toprotect themselves from attacks by wasps, hornets, or other biting or stinginginsects.
(c) If the director does not qualify an applicant for alicense or renewal or suspends or revokes a license for any violation underthis chapter, the director shall inform the applicant in writing of the reasonsfor revocation and, if requested, provide opportunity for a hearing before thedirector.