§ 23-25-14. Certification of private applicators — Renewal — Regulations.
(a) No private applicator shall purchase, acquire, possess, apply, or supervise the application
of any pesticide classified for use only by or under the direct supervision of a certified
applicator by EPA or by the director without first becoming certified under this section
and regulations adopted under this section, except that the pesticide purchase, acquisition,
possession, or application may be made without certification if done under the direct
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 for certification and determining
prior experience and qualifications of applicants, the location and nature of their
operations, and setting annual expiration dates and type of credentials verifying
certification;
(2) Requiring written or oral and, as necessary, other types of examinations designed
to enable the applicant to demonstrate his or her knowledge, in accordance with the
standards established under § 23-25-10, of pesticides and their effects and his or her competency to handle and use the
restricted use and/or limited use pesticides he or she may apply in his or her normal
operations or for any special uses for which he or she is being examined;
(3) Establishing an annual certification fee not to exceed twenty-five dollars ($25.00)
and requiring certified private applicators to keep records of their purchase and
use of restricted use and/or limited use pesticides.
(c) If the director finds the applicant qualified, the director shall issue to him or
her a certified private applicator's certificate limited to the types of operations
or special uses for which he or she was examined, which shall expire one year from
the date of issue or otherwise as determined by regulation, unless it has been suspended
or revoked prior to the expiration by the director for cause. The director may limit
the applicant to the use of certain pesticides or certain uses if deemed necessary
to protect the applicant, other persons, or the environment. If a certificate or renewal
is not granted as applied for, the director shall inform the applicant, in writing,
of the reason for not granting it and, if requested, provide opportunity for a hearing
before the director.
(d) The director shall send a renewal application to each certified private applicator
at least thirty (30) days prior to the expiration date, and the director may renew
any applicant's certification under the classification(s) for which the applicant
is certified subject to re-examination or other requirements imposed by the director
by regulation to ensure that the applicator continues to meet the requirements of
changing technology and to assure a continuing level of competence and ability to
use pesticides safely and properly.
(e) Certified private applicators who, in any year, fail to file a renewal application
even though they did not receive a mailed renewal application prior to an expiration
date established by regulation shall lose their certification as of sixty (60) days
later and prior to that date shall be notified in writing. Those applicators may regain
certification under this section by re-examination.