1. (1) Operating without being licensed, for the purposes of this rule, means doing any act which requires a license, permit, certification or registration in the absence of a valid license, permit, certification or registration which is prohibited under law and duly promulgated rules without said authorization. It specifically includes, but is not limited to, the following sections of Code of Ala. 1975, and rules under the Alabama Administrative Code:

   1. (a) Registration of a pesticide under §2-27-9.
   2. (b) Selling of restricted use pesticides under §2-27-10.
   3. (c) Using restricted use pesticides under §2-27-11, and Rule 80-1-13-.06.
   4. (d) Engaging in the custom application of pesticides under §2-27-53, and Chapter 80-1-14.
   5. (e) Engaging in professional work or services requiring certification in that occupation under § 2-28-2, and Rules 80-10-9-.04, 80-10-9-.05, and 80-10-9-.06.
   6. (f) Engaging in professional work or services requiring a permit under §2-28-4.
2. (2) The maximum penalty for the proven violation of operating without being licensed is $3,000.

Author: Charles H. Barnes

Statutory Authority: Code of Ala. 1975, §2-2-18.

History: Filed February 21, 1990.