2019 Tennessee Code
Title 43 - Agriculture and Horticulture
Chapter 8 - Pesticides
Part 3 - Aerial Application of Pesticides
§ 43-8-302. Powers and duties of commissioner.
- The commissioner has and shall exercise the following powers and duties:
(1) Promulgate rules and regulations that the commissioner determines are necessary to implement and supplement this part and provide for its orderly administration;
(2) Prescribe qualifications for applicants for licenses to engage in the custom application of pesticides and render such tests as are necessary to determine whether the applicant meets the qualifications;
(3) Obtain the advice of members of the commercial aerial applicators industry before issuing rules, regulations, or qualifications for applicants for licenses;
(4) Issue licenses to qualified applicants and collect the appropriate fees;
(5) Hold hearings to determine whether or not any violation of this part or rules and regulations issued pursuant thereto has taken place, and transmit any information or material to the local district attorney general for prosecution if the commissioner determines that a violation has occurred;
(6) Suspend or revoke any permit following a hearing as provided for in § 43-8-305;
(7) Declare states of emergency and issue temporary permits as provided for in § 43-8-309;
(8) Require that licensees maintain records and submit reports as necessary to show the nature and extent of their operation and any other information necessary to carry out the provisions and intent of this part;
(9) Impose such limitations on the licenses granted to pilots, particularly with respect to compliance with the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled as parts 1 and 2 of this chapter, as the commissioner may find necessary after determination of the applicant's qualifications;
(10) Promulgate rules and regulations as required by the environmental protection agency;
(11) Inspect periodically the operation and conduct of licensees; and
(12) Implement an online reporting system for aerial applicators of pesticides to make the reports required by § 43-8-312. The commissioner may disclose information that is reported under § 43-8-312 to local law enforcement agencies.
