Section Pes 303.01 - Qualifications For Supervisory Level Certificates(a) To be eligible to apply for a supervisory registration certificate, as defined in Pes 101.35, the applicant shall satisfy one or more of the following requirements: (1) The applicant shall have: a. Been registered at the operational level for 3 years;b. Been actively working in the field for 3 years under the supervision of a person registered at the supervisory level; orc. Held a supervisory registration certificate-general use, as defined in Pes 101.36, for 3 years, with the exception thatanF2supervisory registration certificate-general usepursuant to Pes 101.36 shall not qualify for eligibility under this provision;(2) The applicant shall be a graduate of a recognized college or university at which he or she majored in entomology, plant pathology, forestry, fruit, berry, and vegetable growing or in other fields requiring training in biological principles, including the use and application of pesticides, and: a. Shall have been registered at the operational level for at least one growing season or shall have been actively working under a person registered at the supervisory level or under the direction of a person professionally qualified at or above such a level, for this period of time; orb. Shall have held a supervisory registration certificate-general use, as defined in Pes 101.36, for at least one growing season, with the exception thatanF2supervisoryregistration certificate-general usepursuant to Pes 101.36 shall not qualify for eligibility under this provision;(3) The applicant shall be a graduate of a 2-year school of agriculture or a technical institute majoring in the fields noted in Pes 303.01(a)(2) and: a. Have been registered at the operational level for at least one year or actively working for at least one growing season under the supervision of a person registered at the supervisory level or under the direction of a person professionally qualified at or above such a level; orb. Have held a supervisory registration certificate-general use, as defined in Pes 101.36, for at least one growing season, with the exception thatanF2 supervisory registration certificate-general use pursuant to Pes 101.36 shall not qualify for eligibility under this provision; or(4) The applicant shall have had at least one year of practical experience as described under Pes 303.01(a)(2)a. and b. or Pes 303.01(b)(2), plus the equivalent of 2 additional growing seasons of experience that shall consist of any of the following:a. Practical experience as described under Pes 303.01(a)(2)a. and b., Pes 303.01(b)(2), or both;b. Educational experience pertaining to the use of pesticides, which may include courses associated with the fields of study listed in Pes 303.01(a)(2) or other forms of education as specified under Pes 303.01(b)(1), where one year of educational experience is equivalent to one year; orc. Any combination of such practical experience and educational experience totaling the equivalent of 2 growing seasons.(b) In determining the qualifications of an applicant pursuant to paragraph (a), the division shall give credit toward the experience requirements to equivalent types of educational or practical experience, including: (1) Other forms of educational experience, which shall include but not be limited to seminars, short courses, correspondence courses, conferences and training meetings; and(2) Other forms of practical experience, which shall include but not be limited to holding a private applicator restricted-use permit, or working for a person who holds such a permit in a capacity that involves the use of pesticides.(c) Credit applied toward experience requirements pursuant to Pes 303.01(a) shall be determined as follows: (1) In the case of educational experience: a. Credit shall be based on the number of contact hours, where one contact hour means a minimum of 50 minutes of organized learning;b. Any designation of credit for courses other than contact hours, such as academic credit or continuing education units, shall be converted to contact hours using the method of conversion of the institution or entity granting credit; andc. One hundred contact hours shall be equivalent to one year as pertains to the requirements under Pes 303.01(a)(4); and(2) In the case of practical experience pursuant to Pes 303.01(b)(2): a. Where the applicant has held a private applicator restricted-use permit, one growing season of credit shall be applied toward experience requirements for each year that the applicant held such permit; orb. Where the applicant did not hold a restricted-use permit, but worked for a restricted use permit holder in a capacity that involves pesticides, one year of credit shall be applied toward experience requirements for every 2 years of experience working for a restricted-use permit holder. (d) To be eligible to apply for a supervisory registration certificate-general use, as defined in Pes 101.36, a person shall have completed category-specific training as described under Pes 303.01(e), for each category in which registration is being sought.(e) Training seminars pursuant to Pes 303.01(d) shall:(1) Have been reviewed by the division of pesticide control to determine whether such seminars meet the standards specified under Pes 303.01(h);(2) Consist of contact hours as described under Pes 303.01(c)(1) where: a. No fewer than 8 contact hours per category shall consist of category-specific instruction;b. The categories shall be limited to C1, F8, G1, G2, B, and F2 as specified under Pes 302.01; andc. No fewer than 8 contact hours shall consist of general instruction, including but not limited to the following subject matter:3. Proper use of personal protective equipment;5. Rules and regulations;6. Environmental considerations; and7. Any other information related to the safe and effective use of pesticides; and(3) Be conducted by the University of New Hampshire cooperative extension, industry groups, pesticide manufacturers or other parties or organizations with expertise in pesticide applications related to Category C1, F8, G1, G2, B, and F2 upon approval by the division pursuant to Pes 303.01(h), with the understanding that a member of the division of pesticide control shall be allowed to attend and monitor such training seminars.(f) Requests for review of training seminars pursuant to Pes 303.01(e)(1)shall:(1) Be made on a "Supervisory Registration Certification General Use Training Request" form provided by the division;(2) Include the following information on the form:a. The training seminar title, date, and location, as applicable;b. The training seminar sponsor and the name and phone number of the contact person;c. An agenda for the seminar;d. Biographical sketches of instructors, including qualifications pursuant to Pes 303.01(h)(4); ande. A summary of the topics to be presented pursuant to Pes 303.01(e)(2);(3) Be signed and dated by the seminar sponsor; and(4) Have been received by the division:a. No less than 30 days in advance of the seminar; orb. At a time less than 30 days in advance of the seminar where circumstances, as determined by the division, would necessitate a shorter lead time, such as circumstances,including: 1. Matters related to public health and safety;2. Matters related to invasive species;3. Matters related to outbreaks of insects or diseases; or4. Other circumstances that, in the judgment of the division, demand immediate attention.(g) All findings by the division as to whether a seminar proposal meets the standards under Pes 303.01(h) shall be in writing, stating the reasons for the finding.(h) The division shall find seminars to have met the standards necessary to provide attendees an acceptable level of competency, for the purpose of being considered eligible to apply for a supervisory registration certificate-general use, as defined under Pes 101.36, where:(1) The application contains all of the information specified under Pes 303.01(f)(2);(2) The application is received by the division in accordance with Pes 303.01(f)(4);(3) The training regimen satisfies the provisions under Pes 303.01(e)(2); and(4) The person or persons presenting the subject matter have qualifications relating to the appropriate category of certification and other subject matter under Pes 303.01(e)(2)b -c, where said qualifications are assessed on the basis of:a. Formal education with degrees or diplomas;b. Research experience; and(i) Pursuant to training seminars under Pes 303.01(d), the division shall accept written certificates of attendance as verification of completion of such training where: (1) Said certificates are issued by the contact person named under Pes 303.01(f)(2)b;(2) Said certificates contain: a. The name and address of the attendee;b. The name and date of the training seminar;c. A statement that the named attendee was a participant in the training seminar and satisfied any and all obligations, if any, imposed upon attendees, such as participation in hands-on exercises or other practical training elements;d. The signature of the training seminar sponsor; ande. The signature of the attendee; and(3) A list of attendees to the seminar has been provided by the seminar contact person to the division.(j) The educational and practical experience required in this section shall be directly related to the category of registration for which the applicant has applied.(k) A summary of the educational and practical experience pertinent to each category of registration sought shall be submitted to the division by the applicant on a "Resume Form - Supervisory Level Exam Requirement (resume form)" provided by the division.(l) The applicant shall include the following information on the resume form pursuant to (k) above: (3) Firm to be employed by;(4) Categories of registration desired;(5) History of experience as a licensed applicator including:a. The number of years licensed;b. Any other states the applicant is licensed in; andc. Any other categories of licensing the applicant holds;(6) Educational experience pertinent to each desired category of registration;(7) Employment experience relative to each desired category of registration;(8) Names of supervisors or employees under whom the applicant has worked; and(9) In the case of an applicant for a supervisory registration certificate-general use as defined under Pes 101.36, a listing of training seminars attended pursuant to Pes 303.01(e), accompanied by a written certificate of attendance as described in Pes 303.01(i)(1)-(2) for each such seminar completed.(m) The principle supervisory license holder shall provide a signature and date on the resume form pursuant to paragraph Pes 303.01(k).(n) A person who submits a valid written certificate of attendance as described under Pes 303.01(i) shall be deemed eligible to apply for a supervisory registration certificate-general use pursuant to Pes 303.01(d).(o) Within 30 days of receipt of applicant's resume form the division shall communicate to the applicant, in writing, its finding as to whether or not said applicant has satisfied the eligibility requirements of Pes 303.01.(p) Persons applying for registration as commercial applicators not for hire as defined in Pes 101.06 shall be exempt from the requirements of Pes 303.01(a).(q) The division shall deny seminar requests in writing within 21 days of receipt of the request if the standards pursuant to Pes 303.01(h) are not met.N.H. Admin. Code § Pes 303.01
#741, eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; amd by #9924-A, eff 5-10-11, (paras (a)-(e), (f)(3), (g)-(k), & (m)-(o)); amd by #9924-B, eff 5-10-11, (paras (f)(1)-(2) & (l)); #10198-B, eff 10-3-12
Amended by Volume XXXVI Number 10, Filed March 10, 2016, Proposed by #11035-B, Effective 2/11/2016, Expires 2/11/2026.Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12756, Effective 4/10/2019, Expires 4/10/2029.