Ariz. Admin. Code § 3-3-200

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-200 - General; Applications; Renewals; Fees; Examinations; Exemptions

A. An applicant for certification, license or permit shall submit the appropriate completed application to the Department accompanied by the appropriate fee prescribed in the table following, for each year or portion of the year during which the certification, license or permit is valid.

License	Administrative Rule	Fee
Pesticide Grower Permit (PGP)	R3-3-201	$20 per year
Pesticide Seller Permit (PSP)	R3-3-203	$100 per year
Agriculture Aircraft Pilot License (AAP)	R3-3-204	$50 per year
Drone Pilot License (DPL)	R3-3-204	$50 per year
Custom Applicator License (CAL)	R3-3-208(E)	$100 per year
Agriculture Pest Control Advisor (PCA)	R3-4-207	$50 per year
Certified Applicator (PUP, PUC & PUG)	R3-3-208	$50 per year

B. Applicants for a PGP, PSP, AAP, DPL, CAL, PCA or Certified Applicator are not transferable, and expire on December 31.

C. Certifications, Licenses, or Permits are:

1. Valid for the year issued for new Certified Applicator or PCA applicants, except for those issued between October 1 and December 31 which are valid until December 31 of the next calendar year;

2. Valid for one or two years, for all other applicants depending on the renewal period selected by the applicant; and

3. Renewed for all categories of certification for the same renewal period.

D. Education and CEU Requirements.

1. Prior to submitting a new application for a PCA license, applicants shall complete the educational requirements according to R3-3-207.

2. Prior to submitting a renewal application for a PCA license or certified applicator, applicants shall complete any CEU requirements pertinent to the category or categories in which renewal is being applied for.

3. It is the applicant's responsibility to take CEUs pertinent to the category or categories for which the applicant is seeking to renew certification.

4. The Department may screen renewal applications to ensure the CEU courses taken by the applicant are pertinent to the category or categories for which the applicant is seeking to renew licensure.

E. Examinations. In addition to the specific requirements found in R3-3-203 through R3-3-208, the following general provisions apply to this Article:

1. The Department shall administer examinations required under this Article by appointment at every Environmental Services office.

2. An applicant shall demonstrate knowledge and understanding by scoring at least 75 percent on a written examination for each examination taken under this Article.

3. An individual who fails an examination may retake it no more than two times in a six-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

4. The Director may deny a certification or license after an opportunity for an administrative hearing is given, for any individual who is found cheating during the examination process and shall be prohibited from re-taking any examination required under this Article for no less than one year.

5. The Director may revoke a certification or license after an opportunity for an administrative hearing is given, for an individual who is found cheating on an examination and shall be prohibited from re-taking any examination required under this Article for no less than one year.

6. Cheating includes one or more of the following:

a. Computer or mobile device usage to search for answers to exam questions or to copy exam questions;

b. Use of copied exam answers in any form; or

c. Any other means in which the answers to the exam questions are obtained without using the knowledge of the exam taker.

F. Renewal; expired license or certification.

1. An applicant may renew an expired license without retaking the written examinations under R3-3-207 provided the applicant:

a. Within the licensing period, complies with the CEU requirements in R3-3-207;

b. Submits a completed application within 11 months after the expiration date of the license;

c. Does not provide any pest control-related service from the date the license expired until the date the renewal is effective;

d. Pays the license fee plus a $10 late fee for each month the certification has been expired, with the late fee not exceeding $110 (11 months); and

e. Obtains the required CEU's while the license is active.

2. An applicant may renew an expired certification without retaking the written examinations under R3-3-208 provided the applicant:

a. Has satisfied the CEU requirements in R3-3-208(E)(3), within the current certification period;

b. Submits a completed renewal application within 11 months after the expiration date;

c. Does not provide any pesticide-related service from the date the certification expired until the date the renewal is effective;

d. Pays the renewal fee plus a $10 late fee for each month, with the penalty not to exceed $110 (11 months); and

e. Obtains the required CEU's while the certification is current.

3. Applicants with expired certifications greater than 11 months shall complete the requirements for initial certification, including retaking and passing the applicable written examinations prescribed in this Section.

4. Notwithstanding R3-3-200 (F)(1) or (2), in addition to any penalties or fines imposed for committing a violation according to Section R3-3-502(C)(1) or (G)(4), for operating with an expired license or certification, the applicant shall take any written examinations required to renew a PCA license or Certified Applicator.

G. License and Fee Exemptions

1. A person who applies pesticides in buildings or for structural pest control purposes is not required to apply for or possess any license or certification from the Department under this Article.

2. A person who sells, offers for sale, delivers, or offers for delivery a general use pesticide, to be used for private, noncommercial use in or around the home or a person who sells general use pesticides for swimming pool or spa maintenance is not required to apply for or possess a seller's permit from the Department.

3. A state, federal, tribal, or other governmental employee, who makes pest control recommendations or applies or supervises the use of restricted use pesticides while engaged in the performance of official duties shall meet the requirements of this Article, but is not required to pay a fee for any agricultural license, certification, or permit under this Article when used solely for work related purposes.

4. A person who only furnishes information concerning label requirements governing a registered pesticide is not required to apply for or possess a PCA license from the Department.

Ariz. Admin. Code § R3-3-200

Adopted by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.