Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.08 - Procedure for Certification and Licensing of Applicators

Current through Register 1525, July 5, 2024
(1)
Applicants
. Any individual seeking commercial certification license and non-certified license must be 18 years of age or older as of the date of the examination. In addition, applicants for commercial certification license must have at least two years relevent experience. Previous work experience or accademic studies consistent with 333 CMR 10.08(2)(h) may be substituted at the discretion of the Department.
(2)
Examination
. The Department shall conduct written examinations, and, as appropriate, performance te sting, to determine applicator competence in the use and handling of pesticides. No certification or license shall be issued by the Department to an individual applicant unless he shall have satisfactorily passed a written, and if necessary, a performance, examination. The examination shall be based upon, but shall not be limited to the appropriate standards set forth in 333 CMR 10.04 through 10.07.
(a)
Application for Examination
. Application shall be made on forms supplied by the Department and shall contain such information as the Department requires. The application shall be filed in person or by mail at the offices of the Department. The required examination fee shall accompany the application. Applications must be received by the Department five business days prior to the test date. No one will be allowed to take the test if his or her application and fee is received after the applicable cutoff date, unless this requirement is waived by the Department. Late or incomplete applications will be returned to the applicant.
(b)
Examination Fee.
A fee shall be charged for each core, class, category or subcategory examination. The fee shall be paid by check or money order payable to the Commonwealth of Massachusetts.
(c)
Written Examination Rules.
The following examination rules will prevail and violation of any part will be considered grounds for disqualification of the applicant:
1. Time allowed for examinations will be set forth in the instructions to examinees.
2. The copying of questions or the making of notes relative thereto is prohibited.
3. No applicant shall be permitted to remove from the examination room copies of the examination prior to or subsequent to the examination.
4. Examinees shall not leave the examination room for any reason until they have turned in to the proctor conducting the examination the complete examination papers.
5. Exams shall be closed book, the use of books or notes will not be allowed.
6. Additional rules the Department deems necessary.
(d)
Performance Testing.
In certain cases, the Department may require an actual demonstration by the applicant in the presence of a qualified member of the program staff. This form of examination may be utilized where calibration of equipment must be extremely accurate as in certain phases of aquatic pest control or aerial applications over residential areas in public health pest control. Performance testing might be required following an accident involving pesticide application or where handling and use of a certain pesticide for which the applicant desires certification poses unusual hazards for the applicator, other persons or the environment as in fumigation, applications in greenhouses or areas adjacent to waterways. Use of safety equipment is another area where performance testing may become necessary in several categories.
(e)
Notification of Results.
Results of the examination shall be mailed to the applicant within a reasonable time.
(f)
Re-examination
. After a failed examination, an applicant may file an application for the next available date for re-examination in that area with the appropriate fee. An applicant who fails any exam twice must wait three months before applying for that exam. If an exam candidate fails any exam three times, the candidate will be required to wait one year before applying for it again.