Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 7 - Examinations, Certification and Licensing › Subchapter A - Examinations › Section XXIII-701 - Examinations of Private Applicators, Commercial Applicators, Pesticide Salespersons, and Agricultural Consultants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minimum score necessary for successful
				  completion of examinations for certifications under these rules shall be 70
				  percent.
B. The director, in
				  cooperation with the director of the Cooperative Extension Service or his
				  designee, shall be responsible for the preparation of all
				  examinations.
C. The director shall
				  be responsible for the administration and grading of all
				  examinations.
D. Each applicant for
				  the agricultural consultant examination who fails to receive a passing score
				  shall wait a minimum of 10 days before being eligible for
				  reexamination.
E. No person shall
				  be allowed to take an agricultural consultant examination more than three times
				  in a 12-month period.
F. Applicants
				  who fail to receive a passing score on the private applicator examination,
				  commercial applicator examination, or pesticide salesperson examination shall
				  be eligible for re-examination after completing and submitting an application
				  for retesting.
G. An applicant who
				  took and did not pass an examination in this state under these standards shall
				  not be permitted to receive certification in the occupation or category for
				  which the examination was taken under a reciprocal agreement with another
				  state.
H. All applicants for
				  private applicators' certification must be at least 16 years of age or an
				  emancipated minor. All applicants for salesperson certification must be at
				  least 18 years of age or an emancipated minor.
I. An applicant shall be disqualified from
				  completing an examination or taking any other examination administered under
				  these rules and regulations if the applicant is caught or found to be cheating
				  on an examination or using any written materials, electronic devices, or other
				  means during an examination, which have not been authorized or allowed by the
				  director or person administering the examination.
1. Any such applicant shall not be allowed to
				  finish the examination and shall receive a score of zero. If an applicant
				  finished the examination prior to the discovery of the cheating or use of
				  unauthorized written materials, electronic devices, or other means the
				  applicant's examination shall be voided and the applicant shall receive a score
				  of zero.
2. Any applicant who is
				  not allowed under this subsection to finish an examination, or whose
				  examination is voided, or who is disqualified from taking the examination or
				  any other examination administered under these rules and regulations may appeal
				  the action to the commission.
a. The appeal
				  must be in writing, state the grounds for the appeal, and filed with the
				  director within 30 days of the date of the action complained of.
b. The appeal will be placed on the agenda
				  for the next meeting of the commission and the applicant will be notified of
				  the date and place of the next meeting.
c. The appeal will be heard by the
				  commission, which will make a recommendation to the commissioner. The decision
				  of the commissioner shall be the final administrative decision in the
				  matter.
d. An appeal from the
				  decision of the commissioner shall be in accordance with the Administrative
				  Procedure Act.
e. The action or
				  administrative decision shall become final if no appeal is timely filed at any
				  step in the proceedings or if the action is upheld on appeal.
3. During the pendency of any
				  appeal or during the time limit for the filing of any appeal the applicant
				  shall not be allowed to take any examination administered under these rules and
				  regulations.
4. If the action or
				  administrative decision is not appealed or is upheld on appeal then the
				  applicant shall not be allowed to take or re-take the examination or any other
				  examination administered under these rules and regulations for a period of
				  three years from the examination date without the approval of the commission
				  given at a meeting of the commission.