Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.05 - Procedures for Licensing Pesticide Dealers

Current through Register 1525, July 5, 2024
(1)
Applicants.
Any individual seeking a dealer's license must be at least 18 years of age as of the date of the examination.
(2)
Examination
. No person shall be granted a pesticide dealer's license unless he shall have satisfactorily passed a written, and, in addition, if necessary, an oral, examination to determine his knowledge of: Pesticide label; state and federal laws governing his sale, storage and distribution of restricted and state limited use pesticides; effectiveness of pesticides; classifications of pesticides; related dangers and necessary precautions for the handling of pesticides; and disposal of pesticides. However, the examination requirement shall not apply to a manufacturer, registrant or distributor who has no fixed distribution center or sales representative within the Commonwealth but who wishes to distribute restricted or state limited use pesticides directly to certified applicators. In lieu of an examination, such applicants shall submit a form attesting to knowledge of Massachusetts and Federal laws governing distribution and agreeing to be bound by Massachusetts laws; evidence of being licensed by the pesticide control agency of their state; and shall complete all requirements of the Department relative to licensing, including payment of appropriate fees, with exception of taking the examination. The Department may waive all or part of the examination requirement upon receipt of evidence from the applicant of having successfully passed a comparable examination in another jurisdiction.
(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 dealer's license application 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 examination if his 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)
Notification of Results.
Results of the examination shall be mailed to the applicant within a reasonable time.
(e)
Re-examination
. After a failed examination, an applicant may file an application for the next available date for re-examination with the appropriate fee. An applicant who fails the 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.
(f)
Examination Not to be Returned.
The examination papers written by the applicant will not be returned to the applicant but will be available for review at the offices of the Department.