§ 23-25-13 - Certification of commercial applicators – Renewal – Regulations.
SECTION 23-25-13
§ 23-25-13 Certification of commercialapplicators – Renewal – Regulations. – (a) No commercial applicator shall purchase, acquire, possess, apply, orsupervise the application of any pesticide classified for use only by or underthe direct supervision of a certified applicator by EPA or by the directorwithout first becoming certified under this section and regulations adoptedunder this section, except that the pesticide purchase, acquisition,possession, or application may be made without certification if done under thedirect supervision of a certified applicator.
(b) The director is authorized to adopt regulations,including but not limited to regulations:
(1) Establishing procedures for filing an application forcertification and determining prior experience and qualifications ofapplicants, their proposed operations, categories, and subcategories, orspecial pesticide uses for which the applicant wishes to qualify forcertification, and setting annual expiration dates and type of documentationverifying certification if qualified;
(2) Requiring written examinations and, as necessary, othertypes of examinations designed to enable the applicant to demonstrate his orher knowledge, in accordance with the standards established under §23-25-10, of pesticides and their effects, and his or her competency to handleand use the restricted use and/or limited use pesticides he or she may applyunder the categories, subcategories, or special uses for which he or she isbeing examined;
(3) Establishing an annual certification fee not to exceedforty-five dollars ($45.00) and requiring certified commercial applicators tokeep records of their purchase and use of restricted use and/or limited usepesticides;
(4) Establishing limits of liability covering the applicant'sspraying operations;
(5) 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.
(c) If the director finds the applicant qualified to applypesticides in the categories, subcategories, or special uses he or she hasapplied for, the director shall issue a certified commercial applicator'scertificate limited to the categories for which he or she is qualified whichshall expire on an annual expiration date as determined by regulation unless ithas been revoked or suspended prior to the expiration by the director forcause. The director may limit the certificate to the use of certain pesticides,or to certain areas, or to certain types of equipment if the applicant is onlyso qualified. If a certificate or renewal is not granted as applied for, thedirector shall inform the applicant in writing of the reasons for not grantingit and, if requested, provide opportunity for a hearing before the director.
(d) The director shall send a renewal application to eachcertified commercial applicator at least thirty (30) days prior to theexpiration date, and the director may renew any applicant's certification underthe classification(s) for which the applicant is certified subject toreexamination or other requirements imposed by the director by regulation toensure that the applicator continues to meet the requirements of changingtechnology and to assure a continuing level of competence and ability to usepesticides safely and properly.
(e) Certified commercial applicators who in any year fail tofile a renewal application, even though they did not receive a mailed renewalapplication, prior to an expiration date established by regulation shall losetheir certification as of sixty (60) days later and prior to that date shall benotified in writing. Those applicators may regain certification under thissection by reexamination.
(f) Any commercial applicator certified under this sectionshall not be required to obtain a commercial applicator's license under §23-25-12 as long as his or her certification remains in effect.