§ 23-25-14 - Certification of private applicators – Renewal – Regulations.
SECTION 23-25-14
§ 23-25-14 Certification of privateapplicators – Renewal – Regulations. – (a) No private applicator shall purchase, acquire, possess, apply, or supervisethe application of any pesticide classified for use only by or under the directsupervision of a certified applicator by EPA or by the director without firstbecoming certified under this section and regulations adopted under thissection, except that the pesticide purchase, acquisition, possession, orapplication may be made without certification if done under the directsupervision 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, the location and nature of their operations, and setting annualexpiration dates and type of credentials verifying certification;
(2) Requiring written or oral and, as necessary, other typesof examinations designed to enable the applicant to demonstrate his or herknowledge, in accordance with the standards established under § 23-25-10,of pesticides and their effects and his or her competency to handle and use therestricted use and/or limited use pesticides he or she may apply in his or hernormal operations or for any special uses for which he or she is being examined;
(3) Establishing an annual certification fee not to exceedtwenty-five dollars ($25.00) and requiring certified private applicators tokeep records of their purchase and use of restricted use and/or limited usepesticides.
(c) If the director finds the applicant qualified, thedirector shall issue to him or her a certified private applicator's certificatelimited to the types of operations or special uses for which he or she wasexamined, which shall expire one year from the date of issue or otherwise asdetermined by regulation, unless it has been suspended or revoked prior to theexpiration by the director for cause. The director may limit the applicant tothe use of certain pesticides or certain uses if deemed necessary to protectthe applicant, other persons, or the environment. If a certificate or renewalis not granted as applied for, the director shall inform the applicant, inwriting, of the reason for not granting it and, if requested, provideopportunity for a hearing before the director.
(d) The director shall send a renewal application to eachcertified private applicator at least thirty (30) days prior to the expirationdate, and the director may renew any applicant's certification under theclassification(s) for which the applicant is certified subject tore-examination 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 private 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 re-examination.