(1)  Applicants applying for a commercial pesticide applicator's license shall provide, on forms approved by the department, evidence of financial responsibility, establishing ability of applicant and/or his employees, to respond to and indemnify any person or persons for all damages to their person or property arising out of the use, misuse, or attempted use of application of pesticides, within the financial limits set forth below. Provided, however, that this requirement for financial responsibility has no application to, and cannot be subjected to pay for any injury or damage to the person or property of the landowner hiring the pesticide application.

(a)  The minimum financial responsibility shall be in the amount of one thousand five hundred dollars ($1,500.00)  for aerial applicators, and five hundred dollars ($500.00)  for all other applicators.

(2)  The department may require each applicator that experiences or causes chemical accidents or occurrences during one or more licensing periods, to increase his financial responsibility requirement up to and including ten thousand dollars ($10,000.00)  .

(3)  An applicator possessing insurance coverage exceeding the requirements of this rule and its subsections, upon documentation approved by the department, shall be considered as meeting the requirements of this section.

(4)  Commercial seed treatment and elevator pest control applicators, whether at farm sites or their own business locations, vertebrate pest control applicators using ground applied baits and public utility, and non-commercial applicators applying pesticides in or on properties managed by them are exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103. Demonstration and research pest-control applicators may be exempt from the financial responsibilities required in ARM 4.10.101 through 4.10.103 upon appropriate application for exemption duly approved by the department. The department will evaluate each applicant's situation as shown on the waiver application considering particularly the following factors: actual pesticide applications by the applicant, the use of co-operators, the size of plots, and the hazards and drift potential of pesticides utilized. All applicators shall comply with the requirements in ARM 4.10.104 through 4.10.108, inclusive.

(5)  An applicator whose financial responsibility requirements has been increased, but who has, for two consecutive spray seasons, operated without any pesticide accidents or occurrences of pesticide damage, may make application to the department to be allowed to revert back to the minimum financial responsibility requirements of ARM 4.10.101.