reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.2 - Grants › Rule 4.8.202 - REVIEW AND EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) All
				applications shall be reviewed and evaluated for project type, funding
				requested, market need for the project, and whether the project is new or
				on-going.
Sec.
					 80-11-304,
					 MCA; IMP, Sec.
					 80-11-304,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.2 - Grants › Rule 4.8.203 - GRANT FUNDING

Current through Register Vol. 13, July 5, 2024
(1) At the first
				meeting of the committee held annually the projects to be funded are selected
				and the amount of grant funding will be determined. Decision will be based on
				project priorities set by the committee after review and evaluation. Grants
				will be determined by amount of funds, type of grant last awarded, and
				need.
Sec.
					 80-11-304,
					 MCA; IMP, Sec.
					 80-11-304,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.2 - Grants › Rule 4.8.204 - NOTIFICATION OF AWARDS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applicants shall be notified within 30 days after the committee's February
				meeting whether or not their application(s) have been granted. Applicants shall
				also be notified of the amount to be funded for each approved
				project.
Sec.
					 80-11-304,
					 MCA; IMP, Sec.
					 80-11-304,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.2 - Grants › Rule 4.8.205 - PERFORMANCE EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The committee
				shall periodically evaluate all outstanding grant agreements for adequate and
				satisfactory financial control, accounting, and performance by
				grantee.
Sec.
					 80-11-304,
					 MCA; IMP, Sec.
					 80-11-304,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.2 - Grants › Rule 4.8.206 - MODIFICATION OR TERMINATION OF GRANTS

Current through Register Vol. 13, July 5, 2024
(1) The
				committee may modify or terminate the funding of any grant if a determination
				is made that the grantee has not complied or cannot comply with a provision of
				the grant agreement. The committee shall notify the grantee in writing within
				30 days of such determination, of the reasons for the determination, and the
				effective date of the modification or termination.
Sec.
					 80-11-304,
					 MCA; IMP, Sec.
					 80-11-304,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.3 - Assessments and Refunds › Rule 4.8.301 - ALFALFA SEED ASSESSMENT AND REFUNDS

Current through Register Vol. 13, July 5, 2024
(1)
				Application for assessment refund shall be in writing on forms provided by the
				committee.
(a) Forms will be furnished upon
				application to the Alfalfa Seed Committee, Department of Agriculture, P.O. Box
				200201, Helena, MT 59620-0201.
(b)
				Written application for refund of alfalfa seed assessment must be submitted by
				the person who paid the assessment, or by his power of attorney.
(c) Refund application forms shall be
				submitted no sooner than 30 days from date of first sale but said form must be
				filed prior to August 1 of each calendar year for the preceding crop
				year.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.4 - Reports › Rule 4.8.401 - REQUIREMENTS FOR REPORTS

Current through Register Vol. 13, July 5, 2024
(1) All report
				forms shall be sent out from the department of agriculture with an enclosed
				envelope addressed to the department, and these reports shall be completed and
				returned to the department after being properly signed. These reports shall be
				filed with the department within twenty (20) days after the close of the
				business for the month in which the report is being filed. Each report shall
				show a date of assessment, invoice draft number, pounds of seed (in dirt/or
				conditioned), total settlement and total assessment. Additional sections of
				this form may be used to comply with Section
				80-11-310
				MCA.
(2) Requests for past due
				reports shall be handled in the following manner:
(a) First notice shall be a form letter from
				the alfalfa seed committee requesting submission of past due reports within ten
				(10) days of the date of the letter.
(b) Second notice shall be a telephone call
				from the alfalfa seed committee giving five (5) additional days to submit the
				past due reports.
(c) Third and
				final notice shall be a visit from a department of agriculture inspector to
				collect the past due reports.
(d)
				Any person failing to produce the past due reports shall be guilty of a
				misdemeanor and shall be subject to a fine of not less than $25 or more than
				$500 upon conviction.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.8 - ALFALFA SEED COMMITTEE › Subchapter 4.8.4 - Reports › Rule 4.8.402 - CORRECTION OF ERRORS ON REPORTS

Current through Register Vol. 13, July 5, 2024
(1)
				Checking of all reports for errors in the pounds of alfalfa seed, amount of
				assessment paid, failure to make payment of assessment on all first purchases
				of alfalfa seed, lack of signature, will be handled in the following manner:
(a) A telephone call shall be made to the
				purchaser to try to correct the error.
(b) A corrected report shall be requested if
				the error cannot be corrected over the telephone.
(c) A visit by the department of agriculture
				inspector shall be made if the error cannot be corrected over the telephone and
				if a corrected report cannot be obtained.
(d) Any person failing to comply with the
				request for the corrections will be guilty of a misdemeanor and shall be
				subject to a fine of not less than $25 or more than $500 upon
				conviction.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.1 - Committee Organization › Rule 4.9.101 - ORGANIZATIONAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				organization of the Montana wheat and barley committee has been sufficiently
				set out in Chapter 1 of this title.
AUTH:
					 2-4-201,
					 2-15-112,
					 2-15-121,
					 80-11-205 MCA; IMP:
					 2-4-201,
					 80-11-201
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.2 - Procedural Rules › Rule 4.9.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts and incorporates the Attorney General's model rules as stated in ARM
				1.3.101 through
				1.3.233, with any applicable
				deletions, modifications, and changes as set forth in ARM Title 4, chapter 9,
				subchapter 4, and the department's public participation rules in ARM
				4.2.201 through
				4.2.204.
80-11-205,
					 MCA; IMP,
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.2 - Procedural Rules › Rule 4.9.202 - POLICIES AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) Public
				participation is to be allowed to the fullest extent practicable and consistent
				with the other requirements of state law and the rights and requirements of
				personal privacy. This will aid in greater responsiveness of committee actions
				to all concerns and priorities as well as helping to better the understanding
				of programs and committee actions.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.2 - Procedural Rules › Rule 4.9.203 - GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) Covering guidelines of the committee
				programs that could allow for public participation but may vary in relation to
				resources available, public response, and the nature of the issues involved
				would be the main criteria for this rule. Some of the areas that this rule will
				pertain to are:
(a) Informational materials -
				the committee shall provide and make accessible all available policy, programs
				and/or technical information to enable interested or affected parties to make
				informed and constructive contributions toward committee decisions. News
				releases and other publications may be used for this purpose as well as
				informational discussions and meetings with interested citizen's groups.
				Special efforts shall be made to summarize complex technical materials for
				public and media use.
(b)
				Assistance to the public - the committee will have a procedure for providing
				technical and informational assistance to public groups for citizen education,
				committee workshop training, dissemination of information to concerned groups
				and individuals. Requests for such information shall be promptly
				handled.
(c) Consultation - the
				committee shall have a procedure for early consultation and exchange of views
				with interested persons and organizations on development or revision of
				plans.
(d) Notification - the
				committee shall maintain a current list of interested persons and organizations
				including anyone who has requested inclusion on such a list for the
				distribution of information such as that listed in (1) (a) of this rule. The
				committee shall in addition notify any interested persons of any public
				hearing. Further, internal procedures for receiving and ensuring proper
				consideration of evidence and information submitted by citizens will be
				developed.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.2 - Procedural Rules › Rule 4.9.204 - AWARDING OF CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) This allows for
				citizens to have the opportunity for involvement in the awarding of contracts
				and this shall be provided by observing the laws regarding awarding of
				contracts by public agencies. These laws require that any significant contracts
				be submitted to bid and public notice is through the invitation to
				bid.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.2 - Procedural Rules › Rule 4.9.205 - COMMITTEE LIAISON

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				all other requirements the committee and the administrator shall continue to
				maintain liaison with citizen organizations active in areas concerning
				committee responsibilities. This liaison will be on formal and informal basis
				through participation in their meetings and in their organizations.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.301 - APPLICATION FOR GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applications for project funding must be received by the deadline set by the
				committee. The committee will set at least one grant deadline per year.
				Consideration of a late grant application may occur if the committee agrees by
				unanimous vote.
AUTH:
					 80-11-205,
					 MCA; IMP:
					 80-11-202,
					 80-11-205,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.302 - REVIEW AND EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) All
				applications shall be reviewed and evaluated for project type, funding
				requested, market need for the project, and whether the project is new or
				on-going.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.303 - COMMITTEE DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) At the
				second meeting of the committee held annually the projects to be funded for the
				following fiscal period are selected and the amount of grant funding will be
				determined. Decisions will be based on project priorities set by the committee
				for the fiscal period after review and evaluation.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-202
					 and
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.304 - NOTIFICATION OF AWARDS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applicants shall be notified within 30 days after the committee's budget
				meeting as to whether or not their application(s) have been granted. Applicants
				shall also be notified of the amount to be funded for each approved
				project.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-202
					 and
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.305 - PERFORMANCE EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The committee
				shall periodically evaluate all outstanding grant agreements for adequate and
				satisfactory financial control, accounting, and performance by
				grantee.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.306 - MODIFICATION OR TERMINATION OF GRANTS

Current through Register Vol. 13, July 5, 2024
(1) The
				committee may modify or terminate the funding of any grant if a determination
				is made that the grantee has not complied or cannot comply with a provision of
				the grant agreement. The committee shall notify the grantee in writing within
				30 days of such determination, of the reasons for the determination, and the
				effective date of the modification or determination.
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.3 - Grants › Rule 4.9.307 - PROHIBITION ON INDIRECT PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) In order to
				make sure funds are not used for prohibited purposes, indirect costs are not
				generally allowed as part of a grant. If the committee chooses to make an
				exception to the rule, a unanimous vote is required and the percentage of
				indirect costs cannot be more than 5 percent.
AUTH:
					 80-11-205,
					 MCA; IMP:
					 80-11-202,
					 80-11-205,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.4 - Wheat and Barley Assessment › Rule 4.9.401 - WHEAT AND BARLEY ASSESSMENT AND REFUNDS

Current through Register Vol. 13, July 5, 2024
(1)
				There shall be levied an assessment of:
(a)
				25 mills per bushel upon all wheat sold in the state of Montana; and
(b) 35 mills per hundredweight on all barley
				sold in the state of Montana.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.4 - Wheat and Barley Assessment › Rule 4.9.402 - REQUIREMENTS FOR REPORTS

Current through Register Vol. 13, July 5, 2024
(1) All monthly
				grain merchandiser report forms shall be sent out from the Montana wheat and
				barley committee with an enclosed envelope addressed to the committee and these
				reports shall be completed and returned to the committee after being properly
				signed and sworn to each and every month. These reports shall be filed with the
				committee within 20 days after the close of the business for the month in which
				the report is being filed. Additional sections of this form may be used to
				comply with
				80-4-407, MCA.
(2) Requests for past due reports shall be
				handled in the following manner:
(a) First
				notice shall be a form letter from the Montana wheat and barley committee
				requesting submission of the past due reports within 10 days of the date of the
				letter.
(b) Second notice shall be
				a telephone call giving five additional days to submit the past due
				reports.
(c) Third and final notice
				shall be a visit from a department of agriculture inspector to collect the past
				due reports.
(d) Any person failing
				to produce the past due reports shall be subject to a fine of not less than $50
				or more than $5,000 based upon the amount withheld and the number of refunds
				attached. See the penalty matrix in ARM
				4.9.404.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.4 - Wheat and Barley Assessment › Rule 4.9.403 - CORRECTION OF ERRORS ON REPORTS

Current through Register Vol. 13, July 5, 2024
(1)
				Checking of
all reports for errors in bushels of wheat or hundredweights
				  of barley, amount of assessment paid, failure to make payment of assessment on
				  all first purchases of wheat or barley, lack of signature, or lack of notary
				  seal will be handled in the following manner:
(a) A telephone call shall be made to the
				purchaser to try to correct the error.
(b) A corrected report shall be requested if
				the error cannot be corrected over the telephone.
(c) A visit by the department of agriculture
				inspector shall be made if the error cannot be corrected over the telephone and
				if a corrected report cannot be obtained.
(d) Any person failing to comply with the
				request for corrections will be guilty of a misdemeanor and shall be subject to
				a fine of not less than $25 or more than $500 upon conviction.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.4 - Wheat and Barley Assessment › Rule 4.9.404 - PENALTY MATRIX

Current through Register Vol. 13, July 5, 2024
(1) Any person
				failing to produce past due reports will be subject to a fee based on the
				following matrix:
Amount withheld
No refunds affected
1-5 refunds affected
Greater than 5 refunds affected
Less than $1,000
$50
$500
$1,000
$1,000-$10,0000
$500
$1,000
$2,500
Greater than $10,000
$1,000
$2,500
$5,000
AUTH:
					 80-11-211,
					 MCA; IMP:
					 80-11-211,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.501 - PURPOSE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.502 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.503 - STATEMENT OF ADMINISTRATIVE POLICIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.504 - APPLICATIONS - GENERAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.505 - APPLICATION CONTENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.506 - APPLICATION SUBMITTAL DEADLINES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.507 - APPLICATION EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.508 - AWARDING GRANTS - CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.509 - CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.510 - PAYMENT OF GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.511 - PROJECT ADMINISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.512 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-11-206,
					 80-11-221,
					 80-11-222,
					 80-11-223,
					 MCA; IMP, Sec.
					 80-11-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.513 - PURPOSE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.514 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.515 - STATEMENT OF ADMINISTRATIVE POLICIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.516 - APPLICATIONS - GENERAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.517 - APPLICATION CONTENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.518 - APPLICATION SUBMITTAL DEADLINES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.519 - APPLICATION EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.520 - AWARDING GRANTS -CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.521 - CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.522 - PAYMENT OF GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.523 - PROJECT ADMINISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.524 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.525 - PURPOSE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.526 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.527 - STATEMENT OF ADMINISTRATIVE POLICIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.528 - APPLICATIONS - GENERAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.529 - APPLICATION CONTENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.530 - APPLICATION SUBMITTAL DEADLINES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.531 - APPLICATION EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.532 - AWARDING GRANTS - CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.533 - CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.534 - PAYMENT OF GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.535 - PROJECT ADMINISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.9 - WHEAT RESEARCH AND MARKETING COMMITTEE › Subchapter 4.9.5 - Food and Fuels Program › Rule 4.9.536 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-11-205
					 MCA; IMP, Sec.
					 80-11-222
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.101 - FINANCIAL RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) Effective
				January 2021, persons applying for a commercial pesticide applicator's license
				must provide, on forms approved by the department, proof of insurance in the
				amount required as follows:
(a) the minimum
				insurance must be in the amount of $50,000 for aerial applicators, and $30,000
				for all other applicators; and
(b)
				the insurance must cover damages caused by the unintentional violations of the
				Montana Pesticides Act in MCA Title 80, chapters 1 through 4.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.102 - CONDITIONS OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The insurance policy must provide coverage for each and every pesticide the
				applicator may choose to apply.
(2) The financial responsibility requirement
				imposed by ARM
				4.10.101
				must be maintained in full force and effect during each entire licensing
				period. In the event of a lapse, suspension, or termination in the means
				assuring financial responsibility, the applicator's license(s) will
				automatically terminate, coinciding with the lapse, suspension, or termination
				of financial responsibility, and the licensee and any employees must
				immediately cease all applications of pesticides. In the event a previously
				licensed applicator whose license(s) was terminated by the provisions of this
				rule desires to have their license reissued for the balance of the calendar
				year, they must notify the department and demonstrate, to the satisfaction of
				the department, that they once again meet the financial responsibility
				requirements of ARM 4.10.101. Upon approval by the department, the applicator's
				license(s) may be reissued unless some other legal or regulatory cause exists
				for non-issuance.
AUTH:
					 80-8-105, MCA;
					 IMP:
					 80-8-214,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.103 - APPROVAL, MODIFICATION, AND CANCELLATION OF FINANCIAL RESPONSIBILITY ELEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				must ascertain that the means establishing financial responsibility filed by
				the applicant fully complies with the act, and fully satisfies the rules
				adopted thereunder, prior to issuance of any license. The information
				demonstrating financial responsibility must be submitted on forms approved by
				the department. The licensee must provide a complete copy of the insurance
				policy upon written request from the department. The applicator has the duty
				and responsibility to ensure that the policy obtained provides damage coverage
				for every pesticide proposed to be applied during the licensing period. In the
				event the applicator's proposed policy of insurance contains exclusions against
				coverage of one or more pesticides the applicator proposed to apply, then and
				in that event, the applicator may submit the proposed insurance policy to
				provide such coverage as it affords. The applicator must, in addition , provide
				evidence of financial responsibility to indemnify the public against pesticide
				damage arising out of the use, misuse, or attempted use of each and every
				pesticide proposed to be used or applied which is excluded from coverage of the
				proposed liability insurance policy. The amount of additional coverage must be
				in the minimum amount required under ARM
				4.10.101.
(2) The department must be notified by
				registered mail ten days prior to any proposed modification of the liability
				insurance policy requested by the licensee. Such modification must be approved
				by the department before the proposed modification can become final. A notice
				of ten days by registered mail to the department is also required prior to an
				insurer cancelling the licensee's liability insurance, and prior to settlement
				of claims made against the licensee's liability insurance.
AUTH:
					 80-8-105, MCA;
					 IMP:
					 80-8-214,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.104 - JUDGEMENT OF DAMAGES AND/OR INJURY

Current through Register Vol. 13, July 5, 2024
(1) A
				judgement rendered in any court of competent jurisdiction, of this state or any
				other state, or of the United States, against a licensee or certificate holder,
				upon a cause of action arising out of any pesticide use, misuse, or attempted
				use or application, filed with the department; and a written agreement,
				mutually agreed upon between the licensee and the individual experiencing
				property damage or bodily injury, as to the fact of damages and the dollar
				value thereof, duly notarized and filed with the department, are for all
				purposes within these rules, denominated as judgements.
(2) No licensee nor certificate holder shall
				permit any judgement against him for damages or injury arising out of his
				pesticide operation to remain unsatisfied for a period of more than thirty (30)
				calendar days.
(3) Individuals
				experiencing non-crop vegetative damage, may upon mutual agreement with the
				licensee, reduced to writing, duly notarized, filed with the department, delay
				the final determination of the dollar amount of the damage, and judgement
				thereon, for a period of time, not to exceed one year from the date damage is
				first observed by the damaged party.
(4) Individuals experiencing crop damage may,
				upon mutual agreement with the licensee, reduced to writing, duly notarized,
				filed with the department, delay the final determination of the dollar amount
				of crop damage for a period of time, not to exceed sixty (60) days following
				the completion of harvest on the crops and fields allegedly damaged, provided
				that the licensee and the individual experiencing crop damage provide an
				estimate to the department of the approximate dollar value of the damages, and
				if necessary, that the licensee provides evidence of damaged party for the
				estimated damages and still maintain his minimum required financial
				responsibility under ARM
				4.10.101.
Sec.
					 80-8-105 MCA;
					 IMP,
					 80-8-214,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.105 - INCIDENT REPORTS AND RECORDS

Current through Register Vol. 13, July 5, 2024
(1) An applicator
				who through his own actions or omissions, or the actions or omissions of his
				employees, causes or allows any pesticide to escape onto or to be deposited
				onto the person, lands, or property of another not the person hiring or
				contracting for his services, shall be required to file a written report to the
				department within forty-eight (48) hours of the incident, specifying the
				location of the incident, the name of the pesticide involved, the type of
				formulation, the method of application, the name and address of the person for
				whom the application was being made, and the name and address of the person(s)
				whose land, person, or property was subjected to the unintentional pesticide
				application. (In addition, if the pesticide is classified as either extremely
				toxic or highly toxic to people or animals, the applicator or operator shall
				immediately cease his application and notify the landowner or operator whose
				land, person, or property was subjected to unintentional pesticide application
				and the department, immediately, by the quickest available means, after
				applying first aid or personal decontamination if appropriate.)
(2) A complete record of all settled and
				pending claims from the preceding licensing period must be filed when
				reapplying for an applicator's license. The record shall indicate for each and
				every incident the names of all parties involved, the location of the incident,
				the manufacturer and the technical name of the pesticide involved, the type of
				formulation, the method of application, the intended use, and the target or
				site, specifying the animals, wildlife, plant and aquatic life, soil, or people
				subjected to the unintentional pesticide application(s).
(3) For settled claims, report the
				information required in (2) above, together with the dollar amount of the
				economic loss and the final settlement agreement between all parties.
(a) Applicators failing to file the foregoing
				reports, or falsifying them in any fashion, shall be subject to immediate
				revocation of current licenses and/or shall not be issued a license until the
				requirements of this section are fully satisfied.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.106 - REVOCATION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall revoke the license(s) of any applicator not satisfying the final
				judgement rendered against or agreed to by him, within thirty (30) calendar
				days from the date the judgement is filed with the department or in the same
				time period established in the judgement. The revocation shall remain in effect
				and no license shall be issued to the applicator unless and until the judgement
				is satisfied or until the applicator files with the department his written
				direction to his financial responsibility guarantors to respond in full to the
				damages specified in the judgement.
(2) In the event the financial responsibility
				guaranteed is not adequate to satisfy the judgement when fully applied thereto,
				then, and in that event, the applicator shall apply such additional monies or
				assets as may be required to fully satisfy the judgement, and the applicator's
				license shall not be issued until the judgement has been fully satisfied and
				the required financial responsibility once again brought up to the amount
				required of the particular applicator under rule.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-214
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.107 - PERSONAL LIABILITY FOR DAMAGES

Current through Register Vol. 13, July 5, 2024
(1)
				Nothing in these regulations shall be construed to relieve any person,
				landowner or applicator, from liability for any damage to the person, lands, or
				property of another, caused by their use of pesticides even though such use
				conforms to the rules of the department.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-214
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.1 - Liability Rules › Rule 4.10.108 - LICENSING PERIOD

Current through Register Vol. 13, July 5, 2024
(1) The licensing
				period shall be from the date of license issuance through December 31 of that
				calendar year. An applicator who applies pesticides seasonally may cancel or
				put on hold their financial responsibility (in effect, terminating their
				license) the day after their last pesticide application.
(a) The fact that an applicator cancels or
				puts on hold their financial responsibility is not to be construed as absolving
				an applicator from a suit or a 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.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.202 - CLASSIFICATION OF PESTICIDE APPLICATORS

Current through Register Vol. 13, July 5, 2024
(1)
				All applicants applying for a pesticide applicator's license required by
				80-8-203
				and
				80-8-213,
				MCA, or desiring certification, shall be classified as either a commercial
				pesticide applicator, public utility applicator, government pesticide
				applicator, or noncommercial applicator as defined in ARM
				4.10.201. Applicants that meet
				competency standards required by ARM
				4.10.203 may use general and
				restricted-use pesticides.
(2) A
				person, whether certified as a commercial, public utility, government, or
				noncommercial licensed, aerial or ground applicator, shall be further
				classified into one or more of the specific classifications set forth in this
				rule. The specific classification(s) shall determine the type, substance, and
				comprehensiveness of each applicant's examinations and the areas, classes of
				pesticides, and conditions by which the applicant may conduct pesticide
				operations.
(a) A person certified as an
				applicator may use general and restricted-use pesticides for which he is
				qualified throughout the state.
(b)
				The department shall determine and classify each applicant into the most
				appropriate specific classification that reflects or describes the applicant's
				business or operation. Applicants may be classified and licensed into more than
				one specific classification if they meet and satisfy the requirements of each
				specific classification.
(c) The
				following specific classifications set forth in this rule do not apply to the
				following individuals for purposes of this regulation:
(i) individuals conducting laboratory-type
				research involving restricted use pesticides; and
(ii) doctors of medicine and doctors of
				veterinary medicine applying pesticides as drugs or medication during the
				course of their normal practice.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.203 - COMPETENCY STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS

Current through Register Vol. 13, July 5, 2024
(1) An individual applying for a commercial,
				public utility, governmental, or noncommercial applicator's license shall be
				required to pass a written examination prior to issuance of a license.
(a) Examinations may be taken at the
				department's Helena office or the applicant may make arrangements for
				examination at other locations in the state or in other states at the
				convenience and approval of the department.
(b) Any individual applying for a license
				shall meet the general and specific competency standards of ARM
				4.10.204 and
				4.10.205.
(c) The competency of applicants shall be
				determined by their knowledge and passage of written examinations on the
				subjects set forth in the department's designated manuals for applicators,
				including revisions, and any other manual, guide, or materials as designated by
				the department. Examination questions will be derived from these manuals and
				their degree of difficulty will be based upon the degree of importance
				established by the department for the various subject areas.
(d) The department may accept the applicant's
				examination scores from other states if the examination or examinations are
				equivalent to the department's examination. However, all other standards and
				requirements of the department must be met by the applicant. All out-of-state
				applicators will be required to take and pass an examination based on the
				Montana Pesticide Act and these rules. The scores required are set forth in
				(3).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.204 - GENERAL STANDARDS OF COMPETENCY FOR ALL APPLICATORS

Current through Register Vol. 13, July 5, 2024
(1) All commercial, public utility, and
				government applicators shall demonstrate by written examination and, as
				appropriate, performance testing, practical knowledge of the principles and
				practices of pest control and safe use of pesticides. Examination shall be
				based on knowledge and examples of problems and situations appropriate to the
				applicator's classification or subclassifications and the following areas of
				competency for which a license or certification-license is desired:
(a) Label and labeling comprehension:
(i) the general format and terminology of
				pesticide labels and labeling;
(ii)
				the understanding of instructions, warnings, terms, symbols, and other
				information commonly appearing on pesticide labels;
(iii) classification of the product, general
				or restricted;
(iv) necessity for
				use consistent with the label.