250 R.I. Code R. 250-RICR-40-15-2.17

Current through December 26, 2024
Section 250-RICR-40-15-2.17 - Commercial Applicator Licenses
A. Each person engaged in the application of any pesticide, other than a "restricted use" or "state limited use" pesticide, as a commercial applicator shall possess a valid commercial applicator license, issued by the Director, except that a person who is applying such a pesticide on land owned or rented by the applicator or his employer shall not be required to possess such a license.
B. Each person who is the employee of a licensed or certified commercial applicator and who as a condition of employment applies pesticides, not in the physical presence of a licensed or certified applicator, shall possess a valid commercial applicator's license or certification, except that person shall not be required to provide separate financial responsibility as specified in § 2.22 of this Part.
C. Application for licensing shall be filed with the Department on forms supplied by the Department, and shall contain such information as the Director shall require, including but not limited to storage and disposal procedures for pesticides and pesticide containers.
D. A fee of $30.00 shall be charged prior to the issuance of the initial license document and at the time of each annual renewal or reissuance thereafter.
E. A license document shall be valid for a period beginning with the actual date of issuance and ending on February 28th, unless it has been revoked or suspended prior thereto by the Director for cause;
F. Competence in the use and handling of pesticides by commercial applicators, who wish to become licensed shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon the standards set forth in § 2.10 of this Part.
G. A person shall not be determined qualified for licensing until such person passes the required examinations as provided by § 2.17(E) of this Part.
H. No person under eighteen (18) years of age shall be eligible for licensing or eligible to apply pesticides under the direct supervision of a licensed or certified applicator.
I. Licensed Commercial applicators shall cooperate with the Department requests to observe spraying operations, to inspect equipment, to inspect pesticide related records, to inspect business premises and to conduct pesticide related sampling.
J. The Director may deny licensing or may suspend, revoke, or otherwise modify a license once issued for reasons including the following:
1. That the applicant made a false or misleading statement in the application for licensing;
2. That the applicant or license holder has violated any provisions of the RIPCA or regulations promulgated thereunder;
3. That the applicant or license holder does not have in effect or fails to maintain in effect financial responsibility in the amounts specified in § 2.22 of this Part.
4. That the applicant or license holder uses or applies a pesticide, excluding pesticides for which an EPA experimental use permit has been issued, which has not been duly registered under the provisions of R.I. Gen. Laws § 23-25-6.
K. Commercial applicators who, in any year, fail to file a renewal application, even though they did not receive a mailed renewal application, prior to their license expiration date, shall lose their commercial license as of sixty (60) days after the date of expiration, and prior to the sixty (60) day date shall be notified in writing of impending license loss. Applicators losing their licenses due to failure to renew shall regain licensing under these regulations by:
1. Re-examination within a year of their license expiration date. Such reexamination shall include the required core exam and if deemed necessary the practical exam for which their license was previously held, or
2. Attending the training course(s) and taking the exam for the commercial core and any practical exams for which their license was previously held, if they have failed to renew their license beyond one year of their license expiration date.

250 R.I. Code R. 250-RICR-40-15-2.17