Effective 28 Aug 2019

281.037. Certified noncommercial applicator's license, when required — application for certified noncommercial applicator's license, examination, fee — scope of license — records to be kept. — 1. Any individual who is not certified pursuant to section 281.035, 281.040 or 281.045, or has not been issued a private applicator permit pursuant to subsection 5 of section 281.040 shall not use, or supervise the use of, any restricted-use pesticide without a certified noncommercial applicator license. A certified noncommercial applicator shall not use, or supervise the use of, any restricted use pesticide for any purpose unless he or she has demonstrated his or her competence to use pesticides for that purpose by being certified by the director in the proper certification category.

2. Application for a certified noncommercial applicator license shall be made in writing to the director on a designated form obtained from the director's office. Each application shall include such information as prescribed by the director by regulation.

3. The director shall not issue a certified noncommercial applicator license until the applicant is certified by passing an examination provided by the director to demonstrate to the director his or her competence and knowledge of the proper use of pesticides under the classifications for which he or she has applied, and his or her knowledge of the standards prescribed by regulations for the certification of noncommercial applicators.

4. If the director finds the applicant qualified to use restricted use pesticides in the classification for which he or she has applied, the director shall issue a certified noncommercial applicator license limited to the applicator categories in which he or she is certified. The license shall expire one year from the date of issuance unless it has been revoked or suspended prior thereto by the director for cause. The director may limit the license of the applicant to the use of certain restricted use pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.

5. The director may renew any certified noncommercial applicator license under the classification for which the license is issued subject to reexamination for additional knowledge which may be required to apply pesticides safely and properly.

6. The director shall collect a fee of thirty-five dollars for each certified noncommercial applicator license issued.

7. Any certified noncommercial applicator may use, or supervise the use of, restricted use pesticides only to or on lands or structures owned, leased or rented by himself or herself or his or her employer.

8. The director shall require the certified noncommercial applicator or his or her employer to maintain records with respect to applications of restricted use pesticides. Any relevant information which the director may deem necessary may be required by regulation. Such records shall be kept for a period of three years from the date of the application of the pesticide to which such records refer, and the director shall, upon request in writing, be furnished with a copy of such records by any certified noncommercial applicator or his or her employer.

9. Every certified noncommercial applicator shall display his or her license in a prominent place at the site, location or office from which he or she will operate as a certified noncommercial applicator; that place, location or office being at the address printed on the license.

10. Every certified noncommercial applicator who changes the address from which he or she will operate as a certified noncommercial applicator shall immediately notify the director. The director shall immediately issue a revised license upon which shall be printed the changed address. The director shall not collect a fee for the issuance of a revised license. The expiration date of the revised license shall be the same as the expiration date for the original license.

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(L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2019 S.B. 133)