Ariz. Admin. Code § 3-3-208

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

Section R3-3-208 - Applicator Certification (PUP, PUG, PUC); Categories; Competency; Examination; Renewal

In addition to the provisions found under R3-3-200, the following applies to this Section.

A. An individual shall not act as a private (PUP), golf (PUG), or commercial (PUC) applicator unless the individual is 18 years of age and certified by the Department.

B. An individual shall take and pass both the core exam and the appropriate category exam, or exams, they are seeking to show competency to become a certified applicator.

C. Application. An individual applying for either PUP, PUG, or PUC applicator certification shall pay the applicable fee as prescribed in R3-3-200(A) and submit a completed application to the Department containing the following information on a form obtained from the Department:

1. The applicant's name, address, e-mail address if applicable, daytime telephone number, Social Security number, date of birth, and signature;

2. Date of the application;

3. If applicable, name, physical address, mailing address, e-mail address, and daytime telephone number of the applicant's employer;

4. Whether the application is for a PUP, PUG, or PUC applicator certification;

5. Which category or categories the individual seeks certification;

6. Whether the applicant has had a similar certification revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation; and

7. Information and documentation indicating that the individual's presence in the United States is authorized under federal law according to A.R.S. § 41-1080, if not on file.

D. Examinations and Competency Standards.

1. The Department shall ensure that the core examination tests the knowledge and understanding of 40 CFR § 171.103 for a PUC or PUG applicator license, or 40 CFR § 171.105 for a PUP applicator license (As amended January 4, 2017, https:// www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171) This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

2. Exam Categories and Competency Standards:

a. For commercial applicators:

i. The exam categories shall be as prescribed in 40 CFR § 171.101(a) through (e), and (i) through (o) (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchap-ter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

ii. Notwithstanding subsection (D)(5)(a)(i), the exam categories as prescribed in 40 CFR § 171.101(a)(2), (k), (l), and (m) shall not be mandatory for certification until January 1, 2026 (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

iii. Notwithstanding 40 CFR § 171.103(e), the competency standards shall be as prescribed in 40 CFR § 171.103(a)(2), (b), (c), (d)(1) through (5) and (9) through (15) (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

iv. Notwithstanding subsection (D)(5)(a)(iii), the competency standards prescribed in 40 CFR § 171.103(d)(1)(ii), and (11) through (13) shall not be mandatory for certification until January 1, 2026, (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

b. For private applicators:

i. The categories shall be as prescribed in 40 CFR § 171.105(a)(11) and (b) through (e), (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171) This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

ii. Notwithstanding subsection (D)(5)(b)(i), the competency standards prescribed in 40 CFR § 171.105(b) through (d) shall not be mandatory for certification until January 1, 2026, 39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

c. For golf applicators:

i. The categories shall be as prescribed in 40 CFR § 171.101(c), (e), and (n), (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171) This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions; and

ii. The competency standards shall be prescribed in 40 CFR § 171.103(c) and (d)(3), (5), and (14), (39 FR 36449, October 9, 1974 as amended by 82 FR 1029, January 4, 2017, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

3. Certifications issued or renewed under this Article prior to February 6, 2023 are not required to comply with the examination and competency standards until the individual is renewing a private, golf, or commercial applicator certification. This provision shall expire on December 31, 2026.

E. Renewal; CEU requirements.

1. An applicant for renewal of an applicator certification shall select a one or two-year renewal period.

2. An applicant shall submit the completed application accompanied by the applicable fee for a one-year renewal or double the fee for a two-year renewal.

3. CEU requirements.

a. The Department shall not renew a private applicator or golf applicator certification unless, prior to the expiration of the current certification, the applicator completes three CEUs pertinent to the category or categories for which the applicant is seeking to renew licensure for each year of the renewal period.

b. The Department shall not renew a commercial applicator certification unless, prior to expiration of the current certification, the applicator completes six CEUs pertinent to the category or categories for which the applicant is seeking to renew for each year of the renewal period.

c. All CEU credit requirements shall be completed during the certification period, prior to renewal. CEU credits earned in excess of the requirements do not carry forward for use in subsequent renewals.

d. To obtain credit, the Department shall be provided with documentation of completion of the CEU course.

F. Reciprocal Certification

1. The Director may waive the examination requirements in whole or in part for an individual who is certified as an applicator by another State, Federal, or Tribal agency under an approved EPA certification plan.

a. A applicant must apply for Arizona reciprocal certification.

i. The applicant shall provide the information as prescribed in R3-4-208(B).

ii. The applicant shall submit the Department required form to their state, federal, or tribal agency for verification of certification.

iii. Upon verification of the competency standards for each category of certification requested, the Department may issue a like category applicator license.

iv. The Department shall terminate an applicator's certification upon notification that the applicator's original certification has been terminated in the originating state, for any reason.

v. The applicant may request a hearing if the Department denies an application for a reciprocal certification based on the competencies approved by another state, federal, or tribal agency.

2. Anyone certified through reciprocal certification must notify the Department of termination of the originating-state's certification. Failure to notify the Department within three business days after the effective date of termination may result in revocation of the Arizona certification, and the applicant may not reapply for Arizona certification for a twelve-month period.

Ariz. Admin. Code § R3-3-208

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-208 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 18 A.A.R. 2481, effective November 10, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 22 A.A.R. 367, effective 4/5/2016. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.