Section 18 AAC 90.305 - Certification procedures(a) An individual who seeks certification under 18 AAC 90.300 shall submit an application on a form supplied by the department and the fee required by 18 AAC 90.860.(b) Subject to (f) of this section, the department will certify an applicant who (1) is at least 18 years of age;(2) attends a training session or completes an Internet or other correspondence course approved by the department; and(3) demonstrates knowledge of state and federal pesticide statutes and regulations, as well as pesticide hazards and safety precautions, by passing written examinations administered by the department or the department's representative as described in (c) of this section.(c) Written examinations under (b)(3) of this section include (1) written core competency examinations for all commercial pesticide applicators that address, at a minimum, all the areas of competency specified in 40 C.F.R. 171.103(c), as amended through July 1, 2022 and adopted by reference;(2) written category competency examinations for all commercial pesticide applicators that address, at a minimum, all the areas of competency specified in 40 C.F.R. 171.103(d), as amended through July 1, 2022 and adopted by reference, for each category in which the applicant intends to become certified; and(3) written examinations for all designated private applicators of restricted-use pesticides that address all the areas of competency specified in this subsection, as well as 40 C.F.R. 171.105(a), as amended through July 1, 2022 and adopted by reference.(d) The department will impose specific conditions upon a certification issued under 18 AAC 90.300 to protect human health, safety, welfare, animals, and the environment.(e) A certification issued under 18 AAC 90.300 - 18 AAC 90.315 is valid for no more than three years after the date it is issued and is subject to the renewal requirements of 18 AAC 90.310.(f) The department will, in its discretion, deny an application for certification if the applicant (1) fails to meet the requirements of this section;(2) makes false or misleading statements on the application;(3) has failed to comply with a provision of this chapter in the past;(4) has been convicted of a violation under FIFRA or the pesticide laws of another state; or(5) is under a final order imposing a civil penalty under FIFRA or the pesticide laws of another state.Eff. 2/15/98, Register 145; am 2/15/2006, Register 177; am 9/30/2007, Register 183; am 10/27/2017, Register 224, January 2018; am 6/18/2023, Register 246, July 2023Authority:AS 46.03.010
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