Section Pes 402.02 - Private Applicators(a) Private applicators possessing permits for the use of restricted pesticides shall recertify pursuant to 402.02 (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 passing an examination, as provided under Pes 305, administered 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 private applicators.(c) Seminars, held either in-state or out-of-state, shall provide educational opportunities on any or all of the following subjects;(1) New application techniques;(2) New pest control methods in the applicator's particular commodity group;(3) New developments in equipment;(4) New laws and regulations;(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 credits shall be received by the division no less than 30 days in advance of the seminar.(e) Requests for approval of seminars shall be made on forms provided by the division.(f) Request forms shall contain the following information:(1) The seminar's title, date and location;(2) The seminar's sponsor and the name and phone number of contact person;(3) An agenda for the seminar;(4) Biographical sketches of speakers including qualifications pursuant to 402.02(h)(5); and(5) A summary of the topics to be presented.(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 provided that: (1) The application form contains all of the information required by Pes 402.02(f);(2) The application form is received by the division according to Pes 402.02(d);(3) The subject matter will address topics listed in Pes 402.02(c);(4) The seminar subject matter is specific to the commodity group as provided in Pes 402.02(s);(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(i) The amount of credit granted for recertification seminars shall be determined by the time devoted to the subject matter under Pes 402.02(c) and the provisions of 402.02(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 402.02(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 402.02(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;(4) Signature of applicator; and(5) Signature of seminar sponsor.(n) Applicators shall submit all certificates of attendance to the division at the end of each calendar year when renewing permits pursuant to Pes 401.(o) Provided that the applicator has renewed his or her permit annually, the applicator shall be recertified by December 31 of his or her fifth year of recertification by obtaining 15 credits. Applicators lacking the total required credits shall retake the exams as provided under Pes 305 in order to renew the permit.(p) Applicators may attend recertification sessions during any year of the 5 year period as described in402.02(o).(q) In lieu of attending these seminars, persons may retake the examinations as provided in Pes 305 during the fifth year of every consecutive 5 year period from date of original issuance of permit. A passing grade of 60 shall be required prior to renewal of the permit.(r) Applicators shall be required to have a total of 15 credits for each commodity group in which they were originally certified or permitted in order to recertify every fifth year as stated in Pes 402.02(o).(s) Commodity groups pertaining to the agricultural commodity that an applicator is producing shall include the following:(t) 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.(u) Recertification pursuant to Pes 402.02 shall be completed and documented to the division by December 31 of the designated recertification year and prior to the renewal of the permit.(v) 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."(w) Pursuant to (v) 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;d. Number of credits approved; ande. Signature of attendee or applicator.N.H. Admin. Code § Pes 402.02
#741, eff 1-18-76; amd by #1756, eff 5-26-81; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91; ss by #5701, eff 9-17-93; ss by #6258, eff 5-30-96; amd by #6455, eff 2-19-97; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12