Section 60-03-01-05.1 - Commercial applicator, public applicator, and dealer certifications1. A commercial applicator, public applicator, or dealer certificate shall be issued only to persons who: a. Are eighteen years of age or older;b. Complete an application on forms and in the manner required by the board or its designee;c. Demonstrate competence in the use of pesticides; andd. Pay the costs of training and education and any other fees.2. Commercial applicator, public applicator, and dealer certificates shall expire on April first following the third anniversary of the year of certification or recertification. A person holding these certificates may be recertified by attending a board-approved seminar or by passing a board-approved examination, or both if required by the board, at least every third year.3. A person holding a commercial applicator, public applicator, or dealer certificate who is unable to complete recertification requirements due to active duty military service may apply for an extension of the person's certification status for a time period not to extend beyond April first of the year following the person's return from active duty. The application must be in writing and accompanied by a certified copy of military orders or other trustworthy proof showing the date on which active duty military service began and ended. The board has discretion whether to grant the application.4. A person holding an aerial core commercial or aerial core public applicator certificate shall attend a professional aerial applicators' support system (PAASS) program or other board-approved program at least once every three years. Proof of attendance at a PAASS program or other board-approved program must be received by the North Dakota state university extension service before recertification is issued.5. Any person who fails an examination may retake it after three or more days.6. All commercial and public applicators must be certified, under section 60-03-01-05, in the class that applies to how they use pesticides.7. All dealers must be certified, under section 60-03-01-05, in the class that applies to the pesticides they distribute.8. If a pesticide is labeled for more than one target pest, a dealer only needs to be certified in one of the applicable classes.9. The board designates the North Dakota state university extension service to provide training, administer testing, and issue certifications under this section.N.D. Admin Code 60-03-01-05.1
Effective March 1, 2003; amended effective July 1, 2004; January 1, 2013.General Authority: NDCC 4-35-06
Law Implemented: NDCC 4-35-08, 4-35-09, 4-35-10, 4-35-12