281.035. Certified commercial applicator's license required when, annual fee--application for license, how made--examinations--records to be kept--incapacity of sole certified applicator, effect o
Certified commercial applicator's license required when, annualfee--application for license, how made--examinations--records tobe kept--incapacity of sole certified applicator, effect of.
281.035. 1. No individual shall engage in the business ofdetermining the need for the use of, supervising the use of, orusing any pesticide, in categories as specified by regulation, onthe lands of another at any time without a certified commercialapplicator's license issued by the director. A certifiedcommercial applicator shall not determine the need for the useof, supervise the use of or use any pesticide for any particularpurpose unless he has demonstrated his competence to usepesticides for that purpose by being certified by the director inthe proper certification category. The director shall require anannual fee of fifty dollars for each certified commercialapplicator's license issued. No certified commercial applicatorshall knowingly authorize, direct, or instruct any individual toengage in determining the need for the use of or using anypesticide on the land of another at any time unless suchindividual is a pesticide technician or pesticide techniciantrainee in such categories as specified by regulation or isworking under the direct supervision of a certified commercialapplicator so authorizing, directing or instructing, in whichcase the certified commercial applicator shall be liable for anyuse of a pesticide by an individual operating under his directsupervision. The certified commercial applicator or the employershall assure that the director is informed in writing within tenworking days of the employment of any person as a pesticidetechnician or pesticide technician trainee.
2. Application for a certified commercial applicator'slicense 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 commercialapplicator's license until the applicant is certified by passingan examination provided by the director to demonstrate to thedirector his competence and knowledge of the proper use ofpesticides under the classifications he had applied for, and hisknowledge of the standards prescribed by regulations for thecertification of commercial applicators.
4. The director may renew any certified commercialapplicator's license under the classification for which suchapplicant is licensed, subject to reexamination for additionalknowledge that may be required to use pesticides safely andproperly either manually or with equipment the applicant has beenlicensed to operate.
5. If the director finds the applicant qualified to usepesticides in the classification for which application has beenmade, and if the applicant files evidence that the requirementfor bonds or insurance has been met as required under section281.065, the director shall issue a certified commercialapplicator's license limited to the classifications for which heis qualified, which shall expire one year from date of issuanceunless it has been revoked or suspended prior thereto by thedirector for cause; provided, such financial responsibilityrequired under section 281.065 does not expire at an earlierdate, in which case said license shall expire upon the expirationdate of the financial responsibility. The director may limit thelicense of the applicant to the use of certain restricted usepesticides, or to certain areas, or to certain types of equipmentif the applicant is only so qualified. If a license is notissued as applied for, the director shall inform the applicant inwriting of the reasons therefor.
6. The director shall require each certified commercialapplicator or his employer to maintain records with respect toapplications of any pesticide. Such relevant information as thedirector may deem necessary may be specified 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 commercialapplicator or his employer.
7. A person or individual engaged in the business of usingpesticides on the lands of another, who is deprived of his solecertified commercial applicator by reason of death, illness,incapacity or any absence which the director determines isunavoidable, is authorized to continue business operationswithout the services of a certified commercial applicator for aperiod of time deemed appropriate by the director, but not toexceed sixty days; except that, no restricted use pesticide shallbe used, or caused to be used, by such person or individual. Anysuch person or individual shall immediately notify the directoras to the absence of his sole certified commercial applicator.
8. Every certified commercial applicator shall display hislicense in a prominent place at the site, location or office fromwhich he will operate as a certified commercial applicator; thatplace, location or office being at the address printed on thelicense.
9. Every certified commercial applicator who changes theaddress from which he will operate as a certified commercialapplicator 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. 1974 S.B. 431 § 6, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)Effective 1-1-90