KRS § 217B.060 — KY Code / Title XVIII / Chapter 217B / Section 217B.060
217B.060 Licenses -- Classification -- Application requirements -- Expiration
Status: in_force

217B.060 Licenses -- Classification -- Application requirements -- Expiration.

(1) The department may classify licenses to be issued under this chapter. The

classifications may include but not be limited to ornamental or agricultural pesticide

applicators, or right-of-way pesticide applicators. Separate classifications may be

specified as to ground, aerial, or manual methods used by any licensee to apply

pesticides. Each classification shall be subject to separate testing procedures and

requirements.

(2) Application for a license shall be made in writing to the department on a designated

form obtained from the department. Each application for a license shall contain

information regarding the applicant's qualifications and proposed operations, and

license classification or classifications the applicant is applying for, and shall

include the following:

(a) The full name of the person applying for the license;

(b) If the applicant is a receiver, trustee, firm, partnership, association,

corporation, or other organized group of persons whether or not incorporated,

the full name of the receiver or trustee, the full name of each member of the

firm or partnership, or the names of the officers of the association,

corporation, or group;

(c) The principal business address of the applicant in the state and elsewhere;

(d) The name and address of a person, who may be the Secretary of State, whose

domicile is in the state, and who is authorized to receive and accept services

of summons and legal notice of all kinds for the applicant; and

(e) Any other necessary information prescribed by the department.

(3) The department shall require an applicant for a license to show upon examination

that the applicant possesses adequate knowledge concerning the proper use and

application of pesticides in the classifications he or she has applied for. The

applicant shall also demonstrate a knowledge of the proper use of and calibration of

the various equipment that he or she may have applied for a license to operate,

including any pressurized, hand-sized devices. The examination shall require a

working knowledge of:

(a) The proper use of the equipment;

(b) The hazards that may be involved in applying pesticides, including:

1. The effect of drift of the pesticides on adjacent and nearby lands and

other nontarget organisms;

2. The proper meteorological conditions for the application of pesticides

and the precautions to be taken;

3. The effect of the pesticides on plants or animals in the area, including

the possibility of damage to plants or animals or the possibility of illegal

pesticide residues resulting on them;

4. The effect of the application of pesticides to wildlife in the area,

including aquatic life;

5. The identity and classification of pesticides used and the effects of their

application in particular circumstances; and

6. The likelihood of contamination of water or injury to persons, plants,

livestock, pollinating insects, and vegetation;

(c) Calculating the concentration of pesticides to be used in particular

circumstances;

(d) Identification of pests to be controlled by common name only and the

damages caused by the pests;

(e) Protective clothing and respiratory equipment required during the handling

and application of pesticides;

(f) General precautions to be followed in the disposal of containers as well as the

cleaning and decontamination of the equipment that the applicant proposes to

use; and

(g) Applicable state and federal pesticide laws and regulations.

(4) If the department finds the applicant qualified to apply pesticides in the

classifications he or she has applied for, if the applicant files the bond or insurance

required under KRS 217B.130, and if the applicant applying for a license to engage

in aerial application of pesticides has met all of the requirements of the Federal

Aviation Agency and the Transportation Cabinet to operate the equipment described

in the application, the department shall issue a pesticide applicator license limited to

the classifications for which he or she is qualified, which shall expire at the end of

the calendar year of issue unless it has been revoked or suspended prior to that by

the department for cause, or the financial security required under KRS 217B.130 is

not dated to expire at an earlier date, in which case the license shall be dated to

expire upon the expiration date of the financial security.