Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.5 - Pesticide Dealer and Retailer Rules › Rule 4.10.501 - APPLICATION FOR LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A person
				applying for a commercial pesticide dealer's license shall make application for
				the license on a standard application form provided by the department. Each
				application shall be completed in its entirety and the licensing fee paid prior
				to processing by the department. Incomplete applications will be returned to
				the applicant.
(2) Non-resident
				applicants shall be required to submit the license application, fee, and a
				completed form of service of process in the state prior to processing the
				application by the department. The form shall be accompanied by the appropriate
				fee for filing, payable to the secretary of state. The service of process shall
				remain valid until cancelled or modified.
(3) A non-resident corporation, which has an
				effective certificate of authority to transact its business in Montana, filing
				the service of process shall appoint its own resident agent or attorney upon
				whom service of process may be made in such causes of action, and such service
				when so made shall be valid service on the agent or attorney. Service of
				process for these corporations shall apply to all employees transacting
				business in the state. The corporation shall provide to the department a list
				of its employees, if more than one, the subsequent revisions of the list for
				those employees licensed or to be licensed as dealers.
(4) A non-resident individual or partnership
				may designate the secretary of state as its lawful agent or attorney upon whom
				service of process may be made in such causes of action, and such service when
				so made shall be valid service on the secretary of state. Service of process
				for individuals or partnerships shall apply to all employees transacting
				business in the state. The individuals or partnership shall provide to the
				department a list of the employees and subsequent revision of the list for
				those employees licensed or to be licensed as pesticide dealers.
(5) A non-resident corporation which does not
				have an effective certificate of authority from the secretary of state to
				transact its business in Montana and which does not transact business in
				Montana so as to require it to procure such a certificate of authority may
				designate the secretary of state as its lawful agent or attorney upon whom
				service of process may be made in such causes of action, and such service when
				so made shall be valid service on the secretary of state. Service of process
				for corporations shall apply to all employees transacting business in the
				state. The corporation shall provide to the department a list of its employees
				and subsequent revision of the list for those employees licensed or to be
				licensed as pesticide dealers.
(6)
				Pesticide dealer outlets with a licensed dealer shall be required to list the
				names and address of all their employee pesticide field men and salesmen
				employed directly out of the same outlet as the licensed dealer. These
				employees traveling and transacting pesticide sales in the state shall be
				required to possess and carry credentials stating that the employee is
				transacting business under the name and license number of a licensed dealer.
				The department will provide the necessary credentials to the licensed dealer
				for the field men and salesmen listed on the application. Dealers may request
				additional field men or salesmen credentials for new employees provided that
				the dealers shall return to the department any credentials for those employees
				terminated or no longer supervised by the dealer. Dealers and dealer field men
				or salesmen shall be required upon request to show their license or license
				credentials to any buyer of a pesticide or to employees of the
				department.
80-8-105, MCA;
					 IMP,
					 80-8-105,
					 80-8-207,
					 MCA;