2300.1 No person shall purchase, use, or supervise the use of any restricted use pesticide unless he or she is licensed by the Mayor in accordance with Chapters 22 through 25 of this subtitle, except as provided in § 2300.2.2300.2 A registered employee may purchase and use restricted use pesticides under the direct supervision of a licensed commercial or public applicator.2300.3 Application for a pesticide applicator's license shall be made in writing on a form prescribed by the Mayor.2300.4 The Mayor shall establish fees in amounts sufficient to cover the cost of the licensing.2300.5 A pesticide applicator license shall be valid for the period of time prescribed by the Mayor.2300.6 The Mayor shall provide for the issuance of appropriate credentials for the applicator.2300.7 No person shall be licensed to use any restricted use pesticide unless he or she has been certified by the Mayor in accordance with the provisions of Chapters 22 through 25 of this title.2300.8 After a public hearing held in conformance with the provisions of the D.C. Administrative Procedure Act (D.C. Code § 1-1501 et seq.), the Mayor shall prescribe regulations for the certification of private and commercial applicators.2300.9 The Mayor shall establish categories and, where applicable, may establish subcategories of commercial applicators based upon the following criteria:- (a) The types of pesticides used; - (b) The purposes for which the pesticides are used; - (c) The types of equipment required in the application of the pesticides; - (d) The degree of knowledge or skill required in the application of the pesticides; and - (e) Other relevant factors.2300.10 The Mayor shall require an applicant for commercial applicator certification to show, by written examination and, as applicable, by practical testing, that the applicant meets the following requirements:- (a) The applicant shall be competent in the proper handling, use, and application of pesticides in the certification categories for which he or she has applied; - (b) The applicant shall know the dangers involved and precautions to be taken in connection with the use and application of the pesticides; and - (c) Any other requirements as the Mayor may prescribe.2300.11 The Mayor shall develop procedures to ensure that all certified applicators continue to meet the requirements of changing technology, and to ensure a continuing level of competence and ability to use pesticides safely and properly.2300.12 The Mayor shall establish a system for determining the competency of applicants for private

applicator certification in the use and handling of pesticides.

2300.13 Application for certification shall be made in writing on a form prescribed by the Mayor.

2300.14 Applicator certification shall be valid for the period prescribed by the Mayor.

2300.15 The Mayor shall provide for the issuance of appropriate credentials specifying the categories in which the applicator has demonstrated competency.

2300.16 If the Mayor does not certify the applicator as provided in this chapter, the Mayor shall inform the applicant in writing of the reasons for the denial of the certification.

2300.17 The certification and licensing requirements of this chapter shall not apply to the following individuals:

(a) A person conducting laboratory-type research involving restricted use pesticides;

(b) A doctor of medicine or a doctor of veterinary medicine applying pesticides as drugs during the course of normal practice;

(c) A registered employee while working under the direct supervision of a licensed certified applicator; or

(d) A person applying general use pesticides on his or her own premises, or an employee of that person who applies a general use pesticide on the person's premises.

2300.18 All licenses granted by this chapter shall be posted conspicuously on the premises of the licensee.

2300.19 All licenses granted by this chapter shall be accessible at all times for inspection by the Director, police, or other officials duly authorized to make inspections.

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat 790, Pub. L. No. 93-198, D.C. Code § 1-227(a); and the Commissioner's Order 71-255 effective July 27, 1971; as amended by Commissioner's Order 72-96 effective April 19, 1972; and by the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867 (February 17, 1978); Mayor's Order 78-156 dated August 1, 1978.

SOURCE: Section 4 of the Pesticide Operations Act of 1977, D.C. Law 2-70, 25 DCR 6867, 6879 (February 17, 1978); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2238 (August 25, 1978).

EDITOR'S NOTE: Chapter 11, Pesticide Applicators was renumbered Chapter 23.