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