2006 Code of Virginia § 3.1-249.52 - Application and certification of commercial applicators

3.1-249.52. Application and certification of commercial applicators.

A. No person shall, in exchange for compensation of any kind other than thetrading of personal services between producers of agricultural commoditiesuse, except under supervised conditions of training for certification, orsupervise the use of any pesticide without first obtaining certification aseither a commercial applicator or registered technician in accordance withregulations promulgated by the Board. Application for a commercialapplicator's or registered technician's certificate shall be made in writingto the Commissioner. Each application for a certificate shall containinformation regarding the applicant's qualifications and proposed operations,the classification or classifications the applicant is applying for, andshall include the following: (i) the full name of the applicant or if theapplicant is a member of a firm or partnership, the names of the principalofficers of the association, corporation or group; (ii) the principalbusiness address of the applicant in the Commonwealth and elsewhere; and(iii) any other information required by the Commissioner.

B. The Commissioner shall not issue a commercial applicator's or registeredtechnician's certificate until the individual who uses or supervises the useof any pesticide is certified by (i) presenting proof of completion of atraining course approved by the Board and appropriate to the desiredclassification and (ii) passing a written examination.

C. Each commercial applicator and registered technician shall be required torenew his certification biennially under the classification orsubclassification for which such applicator is certified or technician isregistered, subject to payment of the required fee and presentation of proofof completion of a Board-approved recertification course. However,reexamination or special examination may be required by the Board of anyperson (i) whose certification has been suspended, revoked, or modifiedpursuant to subsection C of 3.1-249.63, (ii) if significant technologicaldevelopments have occurred requiring additional knowledge related to theclassifications or subclassifications for which the person has been certifiedor registered, (iii) when required by additional standards established by theUnited States Environmental Protection Agency, (iv) when applying for adifferent classification of certification, including upgrading fromtechnician to applicator status, or (v) when required by regulations of theBoard. In the event that reexamination is required, the fee shall be nogreater than that imposed for initial certification.

D. If the Commissioner finds the applicant meets the qualificationsestablished by the Board to apply pesticides in any of the classifications hehas applied for, and if the applicant is applying for a certificate to engagein aerial application of such pesticides and has met all of the requirementsof the Federal Aviation Agency, the Department of Aviation of theCommonwealth, and any other applicable federal or state laws or regulationsto operate the equipment described in the application, the Commissioner shallissue a certificate for classifications for which the applicant is qualified.The Commissioner may limit the certification of the applicant to the use ofcertain pesticides, or to certain areas, or to certain types of equipment ifthe applicant is only so qualified. If a certificate is not issued asapplied for, the Commissioner shall, within thirty days, inform the applicantin writing of the reasons therefor. Copies of such action shall be reportedto the Board.

(1975, c. 377, 3.1-249.4; 1989, c. 575; 1993, c. 773.)