1.A commercial applicator certificate may not be issued unless the applicant furnishes
proof of financial responsibility. Financial responsibility must be maintained in the
amount of one hundred thousand dollars. Financial responsibility may be
demonstrated by a notarized letter from an officer of a financial institution or from a
certified public accountant attesting to the existence of net assets equal to at least one
hundred thousand dollars, a performance bond, or a general liability insurance policy.
The performance bond or insurance policy must contain a provision requiring the
issuing company to notify the agriculture commissioner at least ten days before the
effective date of cancellation, termination, or other modification of the bond or
insurance policy. When requested by the ag
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1. A commercial applicator certificate may not be issued unless the applicant furnishes
proof of financial responsibility. Financial responsibility must be maintained in the
amount of one hundred thousand dollars. Financial responsibility may be
demonstrated by a notarized letter from an officer of a financial institution or from a
certified public accountant attesting to the existence of net assets equal to at least one
hundred thousand dollars, a performance bond, or a general liability insurance policy.
The performance bond or insurance policy must contain a provision requiring the
issuing company to notify the agriculture commissioner at least ten days before the
effective date of cancellation, termination, or other modification of the bond or
insurance policy. When requested by the agriculture commissioner, a commercial
applicator immediately shall furnish proof of compliance with this section. If the
applicator is unable to furnish the required proof, the commissioner may stop a
pesticide application and not allow resumption until the applicator furnishes proof of
compliance. The agriculture commissioner shall immediately suspend the certification
of a commercial applicator who fails to maintain the financial responsibility standards
of this section. If there is any recovery against the commercial applicator, the
applicator shall demonstrate continued compliance with the requirements of this
section. An application for reinstatement of a certificate suspended under this section
must be accompanied by proof that any judgment previously rendered against the
applicant has been satisfied.
2. This section does not apply to:
a. A rancher who must obtain a commercial applicator certificate for controlling
noxious weeds on the leased federal acreage as a condition of a federal
grasslands lease.
b. A grazing association and its members if either the association or any member
must obtain a commercial applicator certificate for controlling noxious weeds on
the leased federal acreage as a condition of a federal grasslands lease.
c. A person who must be certified in the right-of-way category.
d. A commercial applicator who controls noxious weeds on grassland, land
producing tame hay, or other lands not devoted to the production of an annual
crop.
e. An employee of a commercial applicator if the commercial applicator complies
with this section.