32-2314

32-2314. Qualifying party; license;
examination; inactive status; temporary license

A. An application for a qualifying party license shall be in a form prescribed by
the acting director and accompanied by the prescribed fee. The application shall set
forth whether the applicant has ever been convicted of a felony and, if so, the nature of
the felony, when and where it was committed and the disposition of the conviction.

B. A qualifying party may apply for a license in any one or a combination of the
following categories:

1. General and public health pest management, excluding management of
wood-destroying insects, wood-destroying insect inspection, antimicrobial pest
management, fungi inspection, right-of-way and weed management, fumigation, aquatic pest
management and turf and ornamental horticulture pest management.

2. Management of wood-destroying insects.

3. Right-of-way and weed management.

4. Fumigation.

5. Turf and ornamental horticulture pest management.

6. Antimicrobial pest management.

7. Fungi inspection.

8. Wood-destroying insect inspection.

9. Aquatic pest management.

10. Other categories or subcategories based on practice in the industry and
established by rule.

C. An applicant for qualifying party licensure shall:

1. Pass an examination, given under the direction of the acting director, with a
score of seventy-five per cent or more.

2. Present evidence satisfactory to the acting director that the person has
sufficient education or experience in the use of or supervising the use of a pesticide
covered by each category for which the person is applying as demonstrated by having had
within five years immediately preceding application either:

(a) Three thousand verifiable hours of practical experience in the business of pest
management.

(b) Two thousand verifiable hours of practical field experience in the business of
pest management and have successfully completed at least twelve semester hours or its
equivalent in entomology, the eradication or management of weeds, general horticulture,
plant pathology or any combination of these subjects directly related to each category
for which the person is applying.

3. Be of good moral character. A felony conviction may demonstrate a lack of good
moral character.

D. The examination shall test the qualifying party's knowledge of pests and the
use, storage and application of pesticides and other devices used in the eradication of
pests within the category for which the person is applying.

E. A qualifying party shall have an inactive qualifying party license status if the
qualifying party is not currently acting as a qualifying party for a business
licensee. To reactivate an inactive license that has been inactive for one year or less,
a qualifying party shall apply to the acting director to qualify a business license. To
reactivate an inactive license that has been inactive for more than one year, a
qualifying party shall apply to the acting director to qualify a business license and
shall either successfully complete the license examination or, within twelve months
preceding application for reactivation, complete continuing education as required
pursuant to section 32-2319.

F. If the acting director issues a renewable and revocable temporary qualifying
party license pursuant to section 32-2304, the temporary qualifying party license is
valid for sixty calendar days and may be renewed only on approval of the acting director
if good cause is established for delay in the procurement of a qualifying party license.
Under the temporary qualifying party license, a business licensee shall otherwise fully
comply with the requirements of this chapter and rules adopted pursuant to this chapter.

G. A person acting as a qualifying party shall:

1. Be active in the management of the business licensee by being present at the
business office location each month to review pesticide use, storage and disposal and by
ensuring the supervision and training of the employees of the business.

2. During normal business hours, be readily available to the licensed applicators
and employees of the business licensee.

H. A qualifying party shall renew a qualifying party license by submitting a form
prescribed by the acting director and a fee prescribed by section 32-2317. A qualifying
party shall furnish to the acting director proof of completion of continuing education as
prescribed by section 32-2319. Successful completion of the qualifying party license
examination for each category may be substituted for the continuing education
requirement. Continuing education hours used for renewal of a qualifying party's
applicator license may be used for the qualifying party's license renewal.