Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 15 - Pesticides › Part 2 - Rules and Regulations Relating to Pesticides (250-RICR-40-15-2) › Section 250-RICR-40-15-2.8 - Commercial Applicator Certification Procedure

Current through June 14, 2024
A. Each
				  person engaged in the application of any "restricted use" or "state limited
				  use" pesticide" as a commercial applicator shall possess a valid commercial
				  applicator certificate issued by the Director, except that a person who is
				  applying a "restricted use" or "state limited use" pesticide under the direct
				  supervision of an appropriately certified commercial applicator shall not be
				  required to possess such a certificate.
B. Application for certification shall be
				  filed with the Department on forms supplied by the Department, and shall
				  contain such information, as the Director shall require.
C. A fee of $45.00 shall be charged prior to
				  the issuance of the initial certification document and at the time of each
				  annual renewal or re-certification thereafter.
D. A certification document shall be valid
				  for a period beginning with the actual date of issuance and ending on January
				  31st, unless it has been revoked or suspended prior thereto by the Director for
				  cause;
E. Competence in the use and
				  handling of pesticides by commercial applicators, who wish to become certified
				  shall be determined on the basis of written examinations, and, as appropriate,
				  performance testing, based upon standards set forth in §§
										2.10 and
				  2.11 of this Part. Such
				  examination and testing shall include the general standards applicable to all
				  categories and the additional standards specifically identified for each
				  category or sub-category in which an applicator is to be classified under
				  §
										2.8 of
				  this Part.
F. A person shall not be
				  determined certifiable in any category or sub-category until such person passes
				  the required examinations as provided by §
										2.8(B) of
				  this Part.
G. Any person who has
				  failed to renew their commercial certification within a year of their
				  certification expiration date shall regain their certification solely by
				  reexamination. Such re-examination shall include the required core exam plus
				  any categories for which certification was previously held. Persons who have
				  failed to renew their commercial certification beyond one year of their
				  certification expiration date shall regain their certification by attending the
				  training course and by taking the exam for the commercial core and for any
				  categories for which certification was previously held.
H. Commercial applicators shall cooperate
				  with the Department requests to observe spraying operations, to inspect
				  equipment, to inspect pesticide related records, to inspect business premises
				  and to conduct pesticide related sampling.
I. The Director may deny certification or may
				  suspend, revoke, or otherwise modify a certificate once issued for reasons
				  including any of the following:
1. That the
				  applicant made a false or misleading statement in the application for
				  certification;
2. That the
				  applicant or certificate holder has violated any provision of the Rhode Island
				  Pest Control Act or regulations promulgated thereunder;
3. That the applicant or certificate holder
				  does not have in effect or fails to maintain in effect financial responsibility
				  in the amounts specified in §
											2.22 of this Part.
4. That the applicant or certificate holder
				  uses or applies a pesticide, excluding pesticides for which an EPA experimental
				  use permit has been issued, which has not been duly registered under the
				  provisions of R.I. Gen. Laws §
											23-25-6.