§ 3.2-3930. Application and certification of commercial applicators.
A. No person shall use (except under supervised conditions of training forcertification) or supervise the use of any pesticide in exchange forcompensation of any kind other than the trading of personal services betweenproducers of agricultural commodities without first obtaining certificationas either a commercial applicator or registered technician in accordance withregulations adopted by the Board. Application for a commercial applicator'sor registered technician's certificate shall be made in writing to theCommissioner. Each application for a certificate shall contain: (i)information regarding the applicant's qualifications and proposed operations;(ii) the classification or classifications the applicant is applying for;(iii) the full name of the applicant or, if the applicant is a member of afirm or partnership, the names of the principal officers of the association,corporation, or group; (iv) the principal business address of the applicantin the Commonwealth and elsewhere; and (v) any other information required bythe 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 subject to payment of the required fee andpresentation of proof of completion of a Board-approved recertificationcourse. Reexamination or special examination may be required by the Board ofany person: (i) whose certification has been suspended, revoked, or modifiedpursuant to subsection B of § 3.2-3940; (ii) if significant technologicaldevelopments have occurred requiring additional knowledge; (iii) whenrequired by additional standards established by the U.S. EnvironmentalProtection Agency; (iv) when applying for a different classification ofcertification; or (v) when required by regulations of the Board. In the eventthat reexamination is required, the fee shall be no greater than that imposedfor initial certification.
D. The Commissioner shall issue a certificate for classifications for whichthe applicant is qualified if he finds the applicant meets the requirementsto apply pesticides in any of the classifications he has applied for; and, ifthe applicant is applying for a certificate to engage in aerial application,has met all of the requirements of the Federal Aviation Agency, theDepartment of Aviation of the Commonwealth, and any other applicable laws.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 as appliedfor, the Commissioner shall inform the applicant in writing of the reasonswithin 30 days. Copies of such action shall be reported to the Board.
(1975, c. 377, § 3.1-249.4; 1989, c. 575, § 3.1-249.52; 1993, c. 773; 2008,c. 860.)
§ 3.2-3930. Application and certification of commercial applicators.
A. No person shall use (except under supervised conditions of training forcertification) or supervise the use of any pesticide in exchange forcompensation of any kind other than the trading of personal services betweenproducers of agricultural commodities without first obtaining certificationas either a commercial applicator or registered technician in accordance withregulations adopted by the Board. Application for a commercial applicator'sor registered technician's certificate shall be made in writing to theCommissioner. Each application for a certificate shall contain: (i)information regarding the applicant's qualifications and proposed operations;(ii) the classification or classifications the applicant is applying for;(iii) the full name of the applicant or, if the applicant is a member of afirm or partnership, the names of the principal officers of the association,corporation, or group; (iv) the principal business address of the applicantin the Commonwealth and elsewhere; and (v) any other information required bythe 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 subject to payment of the required fee andpresentation of proof of completion of a Board-approved recertificationcourse. Reexamination or special examination may be required by the Board ofany person: (i) whose certification has been suspended, revoked, or modifiedpursuant to subsection B of § 3.2-3940; (ii) if significant technologicaldevelopments have occurred requiring additional knowledge; (iii) whenrequired by additional standards established by the U.S. EnvironmentalProtection Agency; (iv) when applying for a different classification ofcertification; or (v) when required by regulations of the Board. In the eventthat reexamination is required, the fee shall be no greater than that imposedfor initial certification.
D. The Commissioner shall issue a certificate for classifications for whichthe applicant is qualified if he finds the applicant meets the requirementsto apply pesticides in any of the classifications he has applied for; and, ifthe applicant is applying for a certificate to engage in aerial application,has met all of the requirements of the Federal Aviation Agency, theDepartment of Aviation of the Commonwealth, and any other applicable laws.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 as appliedfor, the Commissioner shall inform the applicant in writing of the reasonswithin 30 days. Copies of such action shall be reported to the Board.
(1975, c. 377, § 3.1-249.4; 1989, c. 575, § 3.1-249.52; 1993, c. 773; 2008,c. 860.)
§ 3.2-3930. Application and certification of commercial applicators.
A. No person shall use (except under supervised conditions of training forcertification) or supervise the use of any pesticide in exchange forcompensation of any kind other than the trading of personal services betweenproducers of agricultural commodities without first obtaining certificationas either a commercial applicator or registered technician in accordance withregulations adopted by the Board. Application for a commercial applicator'sor registered technician's certificate shall be made in writing to theCommissioner. Each application for a certificate shall contain: (i)information regarding the applicant's qualifications and proposed operations;(ii) the classification or classifications the applicant is applying for;(iii) the full name of the applicant or, if the applicant is a member of afirm or partnership, the names of the principal officers of the association,corporation, or group; (iv) the principal business address of the applicantin the Commonwealth and elsewhere; and (v) any other information required bythe 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 subject to payment of the required fee andpresentation of proof of completion of a Board-approved recertificationcourse. Reexamination or special examination may be required by the Board ofany person: (i) whose certification has been suspended, revoked, or modifiedpursuant to subsection B of § 3.2-3940; (ii) if significant technologicaldevelopments have occurred requiring additional knowledge; (iii) whenrequired by additional standards established by the U.S. EnvironmentalProtection Agency; (iv) when applying for a different classification ofcertification; or (v) when required by regulations of the Board. In the eventthat reexamination is required, the fee shall be no greater than that imposedfor initial certification.
D. The Commissioner shall issue a certificate for classifications for whichthe applicant is qualified if he finds the applicant meets the requirementsto apply pesticides in any of the classifications he has applied for; and, ifthe applicant is applying for a certificate to engage in aerial application,has met all of the requirements of the Federal Aviation Agency, theDepartment of Aviation of the Commonwealth, and any other applicable laws.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 as appliedfor, the Commissioner shall inform the applicant in writing of the reasonswithin 30 days. Copies of such action shall be reported to the Board.
(1975, c. 377, § 3.1-249.4; 1989, c. 575, § 3.1-249.52; 1993, c. 773; 2008,c. 860.)
