ORS Chapter 634 — Pesticide Control

ORS 634.112. Renewal of licenses or certificates; delinquency. (1) Except as provided in ORS 634.142 (2), any license or certificate issued or required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee by this chapter shall expire on December 31 following issuance or on such date as may be specified by rule of the State Department of Agriculture. At least 30 days prior to the expiration date, the department shall by mail notify each person holding a license or certificate of the expiration date thereof. (2) Applications for all licenses or certificates required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee, or renewal thereof, shall be made to the department on forms prescribed by the department and accompanied by the prescribed fee. (3) All such licenses or certificates are personal to the applicant and may not be transferred to any other person. (4) Nothing in this chapter shall be construed as requiring a person, helping or assisting in the application of pesticides by a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator or the pesticide application business through the performance of manual labor only, to obtain a license or certificate, if the actual application of pesticides is made by: (a) A licensed pesticide applicator, licensed noncommercial pesticide applicator or a certified private applicator; or (b) A person applying pesticides under ORS 634.106. (5) Failure to pay the renewal license fees when due by a pesticide consultant, dealer, operator, applicator or noncommercial applicator, or failure to pay the renewal certificate fees by a trainee, shall forfeit the right to engage in the activities of a pesticide consultant, dealer, operator, applicator, noncommercial applicator or trainee, as the case may be. Any person whose pesticide consultant, dealer, operator, applicator or noncommercial applicator license, or trainee certificate, has been forfeited, shall not be issued a license, certificate or renewal license or renewal certificate except upon written application to the department accompanied by a sum of money equal to the license or certificate fee which should have been paid. (6) If such person is a pesticide consultant, applicator or noncommercial applicator and does not pay the license fee during the first month in which the license fee is delinquent, thereafter such pesticide consultant, applicator or noncommercial applicator shall not only pay the required license fee but shall also obtain a passing grade in a reexamination given by the department for pesticide applicators as prescribed in ORS 634.122, or otherwise demonstrate knowledge of the subject to the satisfaction of the department. (7) No penalty reexamination shall be required of a person whose application for renewal of a license or certificate is accompanied by a signed statement that prior to the application the person has not operated or worked as a pesticide consultant, applicator, noncommercial applicator or trainee, as the case may be, during the previous six months or since the expiration date of the last license or certificate of the person, whichever time is less. If the department later verifies this signed statement is false, then notwithstanding the provisions of ORS chapter 183, the department may immediately suspend the license or certificate which was issued as a result of such statement. Such suspension shall only be removed after the person has complied with the applicable provisions of subsections (5) and (6) of this section.