250 R.I. Code R. 250-RICR-40-15-2.8

Current through December 26, 2024
Section 250-RICR-40-15-2.8 - Commercial Applicator Certification Procedure
A. Each person engaged in the application of any "restricted use" or "state limited use" pesticide" as a commercial applicator shall possess a valid commercial applicator certificate issued by the Director, except that a person who is applying a "restricted use" or "state limited use" pesticide under the direct supervision of an appropriately certified commercial applicator shall not be required to possess such a certificate.
B. Application for certification shall be filed with the Department on forms supplied by the Department, and shall contain such information, as the Director shall require.
C. A fee of $45.00 shall be charged prior to the issuance of the initial certification document and at the time of each annual renewal or re-certification thereafter.
D. A certification document shall be valid for a period beginning with the actual date of issuance and ending on January 31st, unless it has been revoked or suspended prior thereto by the Director for cause;
E. Competence in the use and handling of pesticides by commercial applicators, who wish to become certified shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth in §§ 2.10 and 2.11 of this Part. Such examination and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or sub-category in which an applicator is to be classified under § 2.8 of this Part.
F. A person shall not be determined certifiable in any category or sub-category until such person passes the required examinations as provided by § 2.8(B) of this Part.
G. Any person who has failed to renew their commercial certification within a year of their certification expiration date shall regain their certification solely by reexamination. Such re-examination shall include the required core exam plus any categories for which certification was previously held. Persons who have failed to renew their commercial certification beyond one year of their certification expiration date shall regain their certification by attending the training course and by taking the exam for the commercial core and for any categories for which certification was previously held.
H. 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.
I. The Director may deny certification or may suspend, revoke, or otherwise modify a certificate once issued for reasons including any of the following:
1. That the applicant made a false or misleading statement in the application for certification;
2. That the applicant or certificate holder has violated any provision of the Rhode Island Pest Control Act or regulations promulgated thereunder;
3. That the applicant or certificate 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 certificate 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.
J. No person under eighteen (18) years of age shall be eligible for certification as a commercial applicator or be eligible to apply pesticides under the direct supervision of a certified applicator.

250 R.I. Code R. 250-RICR-40-15-2.8