N.H. Admin. Code § Pes 402.01

Current through Register No. 2, January 9, 2025

Section Pes 402.01 - Commercial Applicators

(a) Commercial applicators shall recertify pursuant to 402.01(o) by either attending seminars which have been approved by the division and which shall be known as "division of pesticide control approved seminars" or by retaking the examinations as provided under Pes 304, during the last year of their recertification cycle.

(b) The university of New Hampshire cooperative extension, industry groups, pesticide manufacturers, and others may hold recertification seminars for commercial applicators.

(c) Seminars, held either in-state or out-of-state, shall provide educational opportunities on any or all the following subjects;

(1) New application methods;

(2) New pest control methods in their category of registration;

(3) New developments in equipment;

(4) New laws and rules;

(5) Precautionary techniques used in the safeguard of the environment; and

(6) Any other information related to new technology pertaining to pesticide application.

(d) Requests for approval of seminars for recertification credit shall be submitted to the division:

(1) No less than 30 days in advance of the seminar; or

(2) At a time less than 30 days in advance of the seminar where circumstances would necessitate a shorter lead time, including:

a. Matters related to public health and safety;

b. Matters related to invasive species;

c. Matters related to outbreaks of insects or diseases; or

d. Other circumstances that, in the judgment of the division, demand immediate attention.

(e) Requests for approval of seminars shall be made on a form provided by the division.

(f) An applicant for approval of a seminar shall provide the following information:

(1) The seminar's title, date and location;

(2) The seminar sponsor's name, address and phone number;

(3) An agenda for the seminar;

(4) Biographical sketches of speakers including qualifications pursuant to 402.01(h)(5);

(5) A summary of the topics to be presented as specified in Pes 402.01(c);

(6) Whether the seminar is for commercial and/or private applicators; and

(7) The name, signature and phone number of the contact person for the seminar sponsor.

(g) After review of the application, the division shall, within 21 days of receipt of the request for approval, notify the contact person, in writing, as to whether or not the seminar is approved and the number of credits granted.

(h) Seminars shall be approved if:

(1) The application form contains all of the information required by Pes 402.01(f);

(2) The application form is received by the division according to Pes 402.01(d);

(3) The subject matter will address topics listed in Pes 402.01(c);

(4) The seminar subject matter is specific to the categories of certification as provided in Pes 302.01, and

(5) The persons presenting the pertinent subject matter have qualifications relating to both the subject matter and the category of certification of the attendees, including:

a. Formal education with degrees or diplomas;

b. Research experience; or

c. Practical experience.

(i) The amount of credit granted for recertification seminars shall be determined by the time devoted to the subject matter under Pes 402.01(c) and the provisions of 402.01(j).

(j) Credit shall be determined at the rate of one recertification credit for each hour of subject matter.

(k) The contact person, as identified pursuant to 402.01(f), shall obtain a list of applicators in attendance at the seminar and shall send the list to the division within 10 days following the session.

(l) Upon completion of the seminar, the contact person, as identified pursuant to 402.01(f), shall hand out certificates to currently certified applicators.

(m) The certificate shall include at least the following:

(1) The name and address of applicator;

(2) Name and date of seminar;

(3) Number of credits approved; and

(4) A place for signature of applicator.

(n) Applicators shall submit all certificates of attendance to the division at the end of each calendar year when renewing licenses or certificates of registration pursuant to Pes 401.

(o) Commercial applicators shall recertify by:

(1) Retaking the exams as provided under Pes 304; or

(2) Obtaining credits by attending division of pesticide control approved seminars as follows:

a. Credits are calculated in accordance with Pes 402.01(i);

b. Credits are obtained during the 5-year period ending December 31 of the applicant's fifth year of certification;

c. The applicant has renewed his or her certification annually during said 5-year period; and

d. The applicant has accrued at least 12 credits per category in which he or she is certified, except that persons certified in 5 or more categories shall not be required to obtain more than 48 credits during this period.

(p) Applicators may attend recertification sessions during any year of the 5 year period as described in 402.01(o).

(q) Applicators who add categories shall obtain all needed recertification credit in new categories by the end of the fifth year of the current recertification cycle.

(r) In lieu of attending these seminars, persons may retake the examinations as provided under Pes 304 during the fifth year of every consecutive 5 year period from date of original issuance of registration. A passing grade, as stated under Pes 304.08, shall be required prior to renewal of the license.

(s) The division shall deny credit for a recertification session if the application for recertification credits does not meet the deadline set forth in (d) above, the session does not fulfill the requirements upon which the original approval was based, or if the attendee was not present for the total seminar.

(t) Pursuant to Pes 402.01(a), recertification seminars approved by state lead agencies for pesticide regulation of states other than New Hampshire shall be considered to be approved by the division and, therefore, to be "division of pesticide control approved seminars."

(u) Pursuant to (t) above, the division shall accept certificates of attendance as verification of attendance of such seminars by the person whose name appears on said certificates as the attendee provided that the certificate:

(1) Is produced by the state lead agency for pesticide regulation, or by cooperative extension;

(2) Bears identification of the state lead agency or cooperative extension; and

(3) Contains the following:

a. Name of attendee or applicator;

b. Name of seminar;

c. Date of seminar;

d. Number of credits approved; and

e. Signature of attendee or applicator.

N.H. Admin. Code § Pes 402.01

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