§ 3.1-249.52. (Repealed effective October 1, 2008) Application and certification of commercial applicator...
A. No person shall, in exchange for compensation of any kind other than the trading of personal services between producers of agricultural commodities use, except under supervised conditions of training for certification, or supervise the use of any pesticide without first obtaining certification as either a commercial applicator or registered technician in accordance with regulations promulgated by the Board. Application for a commercial applicator's or registered technician's certificate shall be made in writing to the Commissioner. Each application for a certificate shall contain information regarding the applicant's qualifications and proposed operations, the classification or classifications the applicant is applying for, and shall include the following: (i) the full name of the applicant or if the applicant is a member of a firm or partnership, the names of the principal officers of the association, corporation or group; (ii) the principal business address of the applicant in the Commonwealth and elsewhere; and (iii) any other information required by the Commissioner.
B. The Commissioner shall not issue a commercial applicator's or registered technician's certificate until the individual who uses or supervises the use of any pesticide is certified by (i) presenting proof of completion of a training course approved by the Board and appropriate to the desired classification and (ii) passing a written examination.
C. Each commercial applicator and registered technician shall be required to renew his certification biennially under the classification or subclassification for which such applicator is certified or technician is registered, subject to payment of the required fee and presentation of proof of completion of a Board-approved recertification course. However, reexamination or special examination may be required by the Board of any person (i) whose certification has been suspended, revoked, or modified pursuant to subsection C of § 3.1-249.63, (ii) if significant technological developments have occurred requiring additional knowledge related to the classifications or subclassifications for which the person has been certified or registered, (iii) when required by additional standards established by the United States Environmental Protection Agency, (iv) when applying for a different classification of certification, including upgrading from technician to applicator status, or (v) when required by regulations of the Board. In the event that reexamination is required, the fee shall be no greater than that imposed for initial certification.
D. If the Commissioner finds the applicant meets the qualifications established by the Board to apply pesticides in any of the classifications he has applied for, and if the applicant is applying for a certificate to engage in aerial application of such pesticides and has met all of the requirements of the Federal Aviation Agency, the Department of Aviation of the Commonwealth, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the Commissioner shall issue a certificate for classifications for which the applicant is qualified. The Commissioner may limit the certification of the applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a certificate is not issued as applied for, the Commissioner shall, within thirty days, inform the applicant in writing of the reasons therefor. Copies of such action shall be reported to the Board.
(1975, c. 377, § 3.1-249.4; 1989, c. 575; 1993, c. 773.)
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