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-40-15-2.11 - Private 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 private applicator shall possess a valid private applicator
				  certificate issued by the Director, except that a person who is applying a
				  restricted-use or limited use pesticide under the direct supervision of an
				  appropriately certified 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 $20.00 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 December
				  31st, unless it has been revoked or suspended prior thereto by the Director for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 private applicators who wish to become certified
				  shall be determined primarily on the basis of written examinations. Oral
				  examinations and performance testing may be utilized in conjunction with, and
				  not in lieu of, written examinations. Such examinations and testing shall be
				  based upon standards set forth in §
										2.13 of this Part.
F. A person shall not be determined
				  certifiable as a private applicator until such person passes the required
				  examinations as provided by §
										2.11(E) of
				  this Part.
G. Any person who has
				  failed to renew their private 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 and
				  commodity exams for which certification was previously held. Persons who have
				  failed to renew their private certification beyond one year of their
				  certification expiration date shall regain their certification by both
				  attending the private core training course and taking the exam for the private
				  core and commodity exams for which certification was previously held.
H. No person under eighteen (18) years of age
				  shall be eligible for certification as a private applicator.
I. Private applicators shall cooperate with
				  the Department requests to observe spraying operations, to inspect equipment,
				  to inspect pesticide related records, to inspect pesticide storage area and to
				  conduct pesticide related sampling.
J. The Director may deny certification or may
				  suspend, revoke, or otherwise modify a certification once issued for reasons
				  including 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 provisions of the RIPCA or
				  regulations promulgated thereunder;
3. That the applicant or certificate holder
				  uses or applies a pesticide, excluding pesticides for which an EPA experimental
				  use permit had been issued, which as not been duly registered under the
				  provisions of R.I. Gen. Laws §
											23-25-6.