Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.2 - Pesticide Applicator and Operator Rules › Rule 4.10.201 - PESTICIDE APPLICATOR LICENSING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An individual who by contract or for hire
				uses or applies pesticides not under the special supervision of a licensed
				applicator is required to become a licensed commercial pesticide applicator,
				except as provided for in these rules. Each pesticide applicator business
				location must have a licensed pesticide applicator. Any owner or person who has
				a financial interest in a pesticide applicator business may appoint a partner
				or salaried employee to become the licensed pesticide applicator. The owner or
				person having the financial interest in a pesticide application business shall
				continue to assume and is financially responsible for all uses and applications
				of a pesticide. The owner, manager, or licensed applicator of a pesticide
				applicator business may elect to have some or all of the employees of the
				business licensed as applicators.
(2) A person must apply for a license on the
				department's application form. The application must be completed in its
				entirety, accompanied by the licensing fee and a completed statement of
				financial responsibility. Applicants submitting incomplete applications and not
				meeting the conditions and standards expressed in the Act and department rules
				will be notified of such deficiencies and the procedure for correcting the
				deficiencies. The department will return the application along with the
				notice.
(3) Nonresident applicants
				shall be required to submit the license application, fee, financial
				responsibility and a completed form provided by the department designating an
				agent for service of process in the state. 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.
(a) A nonresident corporation, which has an
				effective certificate 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 and subsequent revisions of the list for
				those employees licensed or to be licensed as pesticide applicators.
(b) A nonresident 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 individual 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 applicators.
(c) A nonresident 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 on the Secretary of State shall constitute valid service. Service of
				process for corporations shall apply to all its 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 applicators.