4.10.201    PESTICIDE APPLICATOR LICENSING REQUIREMENTS

(1) An individual who by contract or for hire uses or applies pesticides not under the special supervision of a licensed applicator is required to become a licensed commercial pesticide applicator, except as provided for in these rules. Each pesticide applicator business location must have a licensed pesticide applicator. Any owner or person who has a financial interest in a pesticide applicator business may appoint a partner or salaried employee to become the licensed pesticide applicator. The owner or person having the financial interest in a pesticide application business shall continue to assume and is financially responsible for all uses and applications of a pesticide. The owner, manager, or licensed applicator of a pesticide applicator business may elect to have some or all of the employees of the business licensed as applicators.

(2) A person must apply for a license on the department's application form. The application must be completed in its entirety, accompanied by the licensing fee and a completed statement of financial responsibility. Applicants submitting incomplete applications and not meeting the conditions and standards expressed in the Act and department rules will be notified of such deficiencies and the procedure for correcting the deficiencies. The department will return the application along with the notice.

(3) Nonresident applicants shall be required to submit the license application, fee, financial responsibility and a completed form provided by the department designating an agent for service of process in the state. The form shall be accompanied by the appropriate fee for filing payable to the Secretary of State. The service of process shall remain valid until cancelled or modified.

(a) A nonresident corporation, which has an effective certificate of process shall appoint its own resident agent or attorney upon whom service of process may be made in such causes of action, and such service when so made shall be valid service on the agent or attorney. Service of process for these corporations shall apply to all employees transacting business in the state. The corporation shall provide to the department a list of its employees and subsequent revisions of the list for those employees licensed or to be licensed as pesticide applicators.

(b) A nonresident individual or partnership may designate the Secretary of State as its lawful agent or attorney upon whom service of process may be made in such causes of action, and such service when so made shall be valid service on the Secretary of State. Service of process for individuals or partnerships shall apply to all employees transacting business in the state. The individual or partnership shall provide to the department a list of the employees and subsequent revision of the list for those employees licensed or to be licensed as pesticide applicators.

(c) A nonresident corporation which does not have an effective certificate of authority from the Secretary of State to transact its business in Montana and which does not transact business in Montana so as to require it to procure such a certificate of authority may designate the Secretary of State as its lawful agent or attorney upon whom service of process may be made in such causes of action, and such service when so made on the Secretary of State shall constitute valid service. Service of process for corporations shall apply to all its employees transacting business in the state. The corporation shall provide to the department a list of its employees and subsequent revision of the list for those employees licensed or to be licensed as pesticide applicators.

(4) An individual applying for a public utility applicator's license shall be required to meet the same conditions and standards established within these rules for commercial applicators. For purposes of this subchapter, "public utility" means any governmental organization supplying water, electricity, transportation, etc. to the public, including utilities operated by a private entity under governmental regulation.

(5) An individual applying for a government applicator's license shall be required to meet the conditions and standards of these rules except for those specifically exempted in the Act. The department may accept for certification those federal employees certified through an EPA approved federal agency certification program or if the employee has been certified by another state with comparable requirements and standards of the department. The department reserves the responsibility to require federal employees to meet any special state certification standards.

(6) Those individuals who cannot be classified as a commercial, public utility, or government pesticide applicator or who cannot be classified as a farm applicator, but desire the use of restricted-use pesticides, shall be considered to be noncommercial applicators.

(a) The noncommercial applicators desiring to use restricted use pesticides in the state shall be required to meet the same application, examination, qualification, general and specific competency standards, recordkeeping, requalification, and other related pesticide usage and application standards as required of commercial applicators by the Act.

(b) These individuals shall be classified into one of the categories established for commercial applicators.

(c) Certified noncommercial applicators may only use restricted use pesticides on lands owned, rented, or leased by his/her employer or himself/herself.

(d) Noncommercial applicators, whether certified or not, violating the Act or these rules shall be subject to the same penalties and administrative procedures as commercial applicators.

(7) No licenses shall be issued to any person until the application, fees and all examination or requalification requirements are fulfilled and approved by the department.

(8) A licensed pesticide applicator changing his employment to another company or business within a licensing period shall be required to submit his license and any employee licenses referenced to his license to the department for cancellation. The applicator, by submission of a written request or application, may request the issuance of a new license. If the applicator paid the license fee, the department will reissue the license. If the company or business originally employing the applicator paid the license fee, the department shall not reissue the applicator's license until the fee is paid by the applicator or the applicator's new employer. If the original company paid the licensing fee, the department will credit the fee to the company for issuance of another applicator's license within the same licensing period provided that the license must not be issued until the applicant passes the required written examination or is already an approved applicator. Licenses and licensing fees must not be transferable between licensing periods.

(9) An applicator not renewing and maintaining his license and certification within the established qualification period shall be required to retake and pass the complete examination series prior to the issuance of a new license at the beginning of the next qualification period. The applicator may maintain his qualifications by attending approved requalification programs for a time period not to exceed four years. The applicator will be required to maintain his records of requalification for submission to the department for relicensing. The department reserves the right to require special examination(s) on new requirements or technology.

(10) Applicators and their employees licensed as applicators or operators shall reveal their license upon request by any individual or business, for whom the applicator or his employee is performing pesticide applications or to an authorized representative of the department.

(a) When an applicator terminates his employment, transfers his license, or modifies or cancels his license, all employee operator licenses issued under the applicator's name and license are terminated, modified, or cancelled. Employees certified as applicators may retain their license provided that their financial responsibility is still valid. New licenses will be issued to employee operators previously licensed once the business has appointed a new supervisory certified applicator.

History: 80-8-105, MCA; IMP, 80-8-105, MCA; NEW, Eff. 7/5/76; AMD, 1978 MAR p. 150, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10.