(1) The licensing period shall be from the date of
license issuance through December 31 of that calendar year. An applicator who
applies pesticide seasonally may cancel his financial responsibility (in
effect, cancelling his license) sixty (60) days after the date of his last
application. The sixty (60) day requirement may be waived if his means of
providing financial responsibility is such that it provides effective ongoing
coverage during the period of time a damage action could be maintained under
statute of limitation section 27-2-204 and/or 27-2-207
MCA.
(2) An applicator who provides an indemnity
trust fund as his means of establishing financial responsibility may cancel his
financial responsibility sixty (60) days after the date of his last
application. Cancellation of an indemnity trust fund may be accomplished by
submitting a notarized statement to the department, for its discretionary
approval, declaring that there are no known claims pending or judgement
unsatisfied.
(a) The fact that an applicator obtains a cancellation
of his indemnity trust fund in no way is to be construed as absolving an
applicator from a suit nor claim of damages filed in a court of competent
jurisdiction within the time provided by statute of limitation sections 27-2-204
and/or 27-2-207 MCA.