2-2443a.   Same; examination; reciprocity; fees;subjects included in examination.An applicant for a commercial applicator's certificate shall show upon writtenexamination that the applicant possesses adequate knowledge concerning theproper use and application of pesticides in the categoriesor subcategories for which theapplicant has applied.A commercial applicator who holds a current certificate to applypesticides commercially in any other state or political subdivision of theUnited States may be exempted from examination for certification in this stateuponapproval of the secretary andpayment ofa $75 fee per category, unless a fee not to exceed $75 is establishedin rules and regulations adopted by the secretary.

      Applicants shall submit with each application afee perexamination taken, including each category, subcategory and general coreexamination. The examination fee shall befixed by rules and regulations adopted by the secretary,except that such fee shall not exceed$45 perexamination, except that on andafter July 1, 2015, such fee shall not exceed $35 per examination.Applicantswho fail to pass the examination may reapply and take another examination uponpaying another examination fee, which fee shall befixed by rules andregulations adopted by the secretary, except that suchfee shall not exceed $45 per examination, except that on and afterJuly 1, 2015, suchfee shall not exceed $35 per examination. The general coreexamination shallinclude, but is not limited to, the following:

      (a)   The proper use of the equipment.

      (b)   The hazards that may be involved in applying the pesticides, including:

      (1)   The effect of drift of the pesticides on adjacent and nearbylands and other non-target organisms;

      (2)   the proper meteorological conditions for the application ofpesticides and the precautions to be taken with such application;

      (3)   the effect of the pesticides on plants or animals in the area,including the possibility of damage to plants or animals or thepossibility of illegal pesticide residues resulting on them;

      (4)   the effect of the application of pesticides to wildlife in thearea, including aquatic life;

      (5)   the identity and classification of pesticides used and theeffects of their application in particular circumstances; and

      (6)   the likelihood of contamination of water or injury to persons,plants, livestock, pollinating insects and vegetation.

      (c)   Calculating the concentration of pesticides to be used.

      (d)   Identification of common pests to be controlled and damagescaused by such pests.

      (e)   Protective clothing and respiratory equipment for handling andapplication of pesticides.

      (f)   General precautions to be followed in the disposal of containersas well as the cleaning and decontamination of the equipment which theapplicant proposes to use.

      (g)   Applicable state and federal pesticide laws and regulations.

      (h)   Any other subject which the secretary deems necessary.

      History:   L. 1977, ch. 3, § 4;L. 1982, ch. 4, § 10;L. 2002, ch. 181, § 6;L. 2004, ch. 85, § 6;L. 2009, ch. 128, § 17; July 1.