Section 10.08 - Procedure for Certification and Licensing of Applicators(1)Applicants. Any individual seeking commercial certification license and non-certified license must be 18 years of age or older as of the date of the examination. In addition, applicants for commercial certification license must have at least two years relevent experience. Previous work experience or accademic studies consistent with 333 CMR 10.08(2)(h) may be substituted at the discretion of the Department.(2)Examination. The Department shall conduct written examinations, and, as appropriate, performance te sting, to determine applicator competence in the use and handling of pesticides. No certification or license shall be issued by the Department to an individual applicant unless he shall have satisfactorily passed a written, and if necessary, a performance, examination. The examination shall be based upon, but shall not be limited to the appropriate standards set forth in 333 CMR 10.04 through 10.07. (a)Application for Examination. Application shall be made on forms supplied by the Department and shall contain such information as the Department requires. The application shall be filed in person or by mail at the offices of the Department. The required examination fee shall accompany the application. Applications must be received by the Department five business days prior to the test date. No one will be allowed to take the test if his or her application and fee is received after the applicable cutoff date, unless this requirement is waived by the Department. Late or incomplete applications will be returned to the applicant.(b)Examination Fee. A fee shall be charged for each core, class, category or subcategory examination. The fee shall be paid by check or money order payable to the Commonwealth of Massachusetts.(c)Written Examination Rules. The following examination rules will prevail and violation of any part will be considered grounds for disqualification of the applicant: 1. Time allowed for examinations will be set forth in the instructions to examinees.2. The copying of questions or the making of notes relative thereto is prohibited.3. No applicant shall be permitted to remove from the examination room copies of the examination prior to or subsequent to the examination.4. Examinees shall not leave the examination room for any reason until they have turned in to the proctor conducting the examination the complete examination papers.5. Exams shall be closed book, the use of books or notes will not be allowed.6. Additional rules the Department deems necessary.(d)Performance Testing. In certain cases, the Department may require an actual demonstration by the applicant in the presence of a qualified member of the program staff. This form of examination may be utilized where calibration of equipment must be extremely accurate as in certain phases of aquatic pest control or aerial applications over residential areas in public health pest control. Performance testing might be required following an accident involving pesticide application or where handling and use of a certain pesticide for which the applicant desires certification poses unusual hazards for the applicator, other persons or the environment as in fumigation, applications in greenhouses or areas adjacent to waterways. Use of safety equipment is another area where performance testing may become necessary in several categories.(e)Notification of Results. Results of the examination shall be mailed to the applicant within a reasonable time.(f)Re-examination. After a failed examination, an applicant may file an application for the next available date for re-examination in that area with the appropriate fee. An applicant who fails any exam twice must wait three months before applying for that exam. If an exam candidate fails any exam three times, the candidate will be required to wait one year before applying for it again.(3)Certification and Licensing.(a)Application for Certification or License. An applicant who has been notified of passing the examination must file an application for certification or licensing within one year from the date of notification. The application shall be made on forms supplied by the Department, shall contain such information as the Department shall require and shall be accompanied by the appropriate certification or license fee. If an application is not made within the specified period of time, the applicant shall be required to file a new application for examination, pay the prescribed fee and satisfactorily pass the examination, prior to being certified or licensed. The time limit may be waived by the Department for good cause.(b)Fee. A fee of $50 for certified commercial applicators, $25 for certified private applicators and $25 for non-certified commercial licensed applicators shall be paid at the time of each annual renewal. Fees shall be paid by check or money order payable to the Commonwealth of Massachusetts.(c)Duration of Certification or License. An initial certification or license shall be valid for a period beginning with the actual date of issuance and ending on December 31st unless it has been modified, revoked or suspended prior thereto by the Department. Thereafter, the certification or license year will extend from January 1st to December 31st and each certification or license must be renewed annually by January 1st. In the event that an individual files with the Department an application to renew a certification or license which is in effect on the date of an application for renewal and pays the appropriate fee therewith, such certification or license shall be deemed to be in effect until the earlier of the following two events shall occur: 90 days have elapsed after the certification or license was scheduled to expire; or the Department notifies the applicant that the certification or license has been renewed, modified or denied.(d)Restrictions of Certification or License. Any certification or license may at any time be further limited or restricted as the department deems necessary.(e)Renewal of Certification or License. Forms for the renewal of a certification or license will be mailed to holders at least 30 days prior to the due date. Certification and licenses may be renewed annually for up to three years without re-examinations or retraining provided, 1. The conditions under which the original certification or license was issued have not changed, and that the certification or license has not been allowed to lapse, unless the lapse has been waived by the Department for good cause.2. The Department may at any time require additional instruction or examination to meet new criteria relating to any pesticide use, handling or disposal; new restricted materials which have new and greater precautionary requirements in their labeling which became available for use in the class, category or subcategory in which they are certified or in such cases as the Environmental Protection Agency or the Department make such new and greater precautionary requirements a condition of use.3. The Department may furthermore require recertification, relicensing or additional instruction whenever necessary to protect human health and the environment.(f)Retraining Requirements. All certified applicators, and licensed applicators must, at the end of a three year period be recertified either by reexamination or by attendance, within the three year period, at training programs approved by the Department, to: 1. Ensure that they continue to meet the requirements of changing technology covering uses for which they are certified,2. Ensure that they maintain a continuing level of competence and ability to use pesticides safely and properly; and,3. Ensure that they are familiar with changes in federal and state statutes and regulations.(g)Contact Hours A standard number of contact hours will be required within a three year period for recertification by attendance at department approved training programs. The number of contact hours will be broken down as follows: Commercial Certification 12 hrs. (per category)
Private Certification 12 hrs. (per category)
Commercial Applicator License six hrs.
A contact hour will equal 50 consecutive minutes of training.
(h)Standards for Continuing Education The following standards will assist the licensed or certified pesticide applicator in selecting an appropriate program and the provider of education in planning and implementing continuing education programs. The over-riding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a planned program of learning which contributes directly to the professional competence of a licensed pesticide applicator. 1.Amounta. 50 consecutive clock minutes is equivalent to one contact hour.b. One continuing education credit unit (CEU) equals ten contact hours.c. One semester hour equals 15 contact hours.2.Continuing Education Provider Standardsa.Learner Objectives: Objectives shall be written and be the basis for determining content, learning experience, teaching methodologies, and evaluation.b.Subject Matter Appropriate subject matter for continuing education purposes shall include, but not be limited to, one or more of the following: i. Applicable State and Federal Laws and Regulationsii. Integra ted Pest Managementiii. Non-chemical Alternativesiv. Groundwater Protectionvi. Pesticide Impact on Human Healthvii. Pesticide Label and Labeling Comprehensionviii. Acute and Chronic Toxicityx. Subject matter which improves competency and is not specified on the foregoingc. Employees orientation or in- service presentations concerning standard operating procedures specific to the employing agency shall not be accepted for continuing education purposes.d. Subject matter shall be described in outline form and shall include learner objectives, content, time allotment, teaching methods, faculty and evaluation format.e. Continuing Education Providers must notify the Department seven days in advance of offering contact hours, location(s) and contact person.(i)Methods of Obtaining Contact Hours. Workshops, lectures and seminars are acceptable for obtaining continuing education contact hours. Continuing education contact hours may also be obtained from an academic institution, self-study or correspondence course and for teaching and/or publishing activities provided the following standards are adhered to: 1.Academic Course: The course must be within the framework of a curriculum that leads to an academic degree in entomology, botany, plant pathology, agriculture, pest control, toxicology, public health or is relevant to pesticide use, or any course within that curriculum that is necessary to an individual's professional growth and development.2.Self-Study or Correspondence Course: The course should: a. be developed by a professional group such as an educational corporation or professional association;b. follow logical sequence;c. involve the learner by requiring active response to module materials and providing feedback;d. contain a test to indicate progress and verify completion of module; ande. supply a bibliography for continued study.3.Teaching or Publication: Continuing education hours may be earned by teaching a particular course, seminar series, or workshop for the first time, delivering a paper or lecture, or publishing an article or book in pesticide use. As provided above, a course, seminar, or book may be considered for up to nine continuing education hours; a published article may be considered the equivalent of up to five hours; and a lecture or paper may be considered the equivalent of up to three hours.(j)Education Methods. 1. Learning experiences and teaching methods should be appropriate to achieve the objectives of the program.2. Principles of adult education should be used in the design of the program.3. Time allotted for each activity should be sufficient for the learner to meet the objectives of the program.(k)Faculty Qualifications. Faculty should possess knowledge of the principles of adult education and should provide documentation to the provider/learner illustrating competency in the content of the planned learning experience.(l)Evaluation1. Provision must be made for evaluating the participant's attainment of the stated learner objectives/outcomes.2. Participants must be given the opportunity to evaluate faculty, learning experiences instructional methods, facilities and educational resources used for the offerings/programs.(m)Specific Conditions Regarding Continuing Education Requirement. Certificate or non-certified applicators taking courses for the purpose of obtaining a baccalaureate or higher degree in the biological sciences will be considered to have met the continuing education requirements specified in this section provided such courses equal at least the required number of hours. Other academic degree programs may qualify at the discretion of the Department. Individuals must maintain transcripts of courses and hours for a period of three years following license renewal for purposes of verification.Amended by Mass Register Issue 1322, eff. 9/23/2016.