Authority: IC 15-16-2; IC 15-16-5-44; IC 15-16-5-45

Affected: IC 15-16

Sec. 2.1. (a) Initial certification of commercial applicators and private applicators shall be by written closed book examinations developed by the state chemist. The minimum passing score on all examinations administered by the state chemist shall be seventy-five percent (75%) unless another minimum passing score has been established by the state chemist after consideration of the recommendations of the standards committee described in subsection (f).

(b) Except for individuals operating in category 12, each certified commercial applicator must pass:

1. (1) a core examination covering relevant subject matter that is:

   1. (A) common to most categories of applicators; and
   2. (B) addressed in 40 CFR Part 171.

2. (2) a category examination covering relevant subject matter that is:

   1. (A) specific to the occupational group identified by each of the separate categories described in section 3 of this rule; and
   2. (B) addressed in 40 CFR Part 171.

(c) Each private applicator using a restricted use pesticide product must pass a core examination.

(d) Each private applicator using a fumigant must pass:

1. (1) a core examination; and
2. (2) a category 7d examination.

(e) Each private applicator using a pesticide applied by aerial application must pass:

1. (1) a core examination; and
2. (2) a category 11 examination.

(f) For each examination, the state chemist shall appoint a separate standards committee to develop certification subject matter and standards. Members of this committee shall include, at a minimum, individuals representing the following:

1. (1) The state chemist.
2. (2) The largest pesticide user group covered by that category.

(g) Initial certification shall remain in force from the date of passing the examination through December 31 of the fourth year following the year during which the examination was passed unless revoked or suspended.

(h) No examination may be attempted more than three (3) times in any twelve (12) month period. The twelve (12) month period shall commence on the date that the first examination failure occurs.

(i) The state chemist shall specify examination procedures that must be followed by any individual taking an examination. Failure to comply with these procedures or any unauthorized assistance provided by or received by an individual during the examining period shall be cause for immediate termination of the examining process for all involved individuals and no additional opportunity to take any examinations shall be provided to the involved individuals for a period of five (5) years.

(j) In addition to other requirements in this section, initial certification as a for-hire commercial applicator in category 7b or category 12 shall require completion of a practical hands-on training program reviewed and approved by the state chemist.

(k) [Voided by P.L. 29-2024, SECTION 59, effective July 1, 2024.]

(State Chemist of the State of Indiana; 355 IAC 4-1-2.1; filed Nov 21, 1984, 3:33 p.m.: 8 IR 331; filed Nov 22, 1999, 3:39 p.m.: 23 IR 777; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Jan 30, 2007, 9:49 a.m.: 20070228-IR-355060063FRA; readopted filed Sep 20, 2007, 1:46 p.m.: 20071010-IR-355070484RFA; readopted filed Sep 25, 2013, 11:08 a.m.: 20131023-IR- 355130361RFA; readopted filed Nov 26, 2019, 9:30 a.m.: 20191225-IR-355190253RFA; filed Dec 5, 2022, 9:43 a.m.: 20230104-IR-355220266FRA)