1. (a) To apply for certification as a nutrient management consultant, an applicant shall:

   1. (1) Submit to the Department an application on the form the Department requires; and
   2. (2) Pay to the Department the certification fee stated in § 8-806 of this subtitle.

2. (b) The Department shall certify any individual who:

   1. (1) Meets the requirements of this subtitle;
   2. (2) Meets the Department's educational requirements, including a program on the proper application of nutrients;
   3. (3) Passes a Department approved examination; and

   4. (4)

      1. (i) Is employed by a person licensed under this subtitle; or
      2. (ii) Holds a license as required by this subtitle.

3. (c) To apply for a license an applicant shall:

   1. (1) Submit to the Department an application on the form the Department requires; and
   2. (2) Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.
4. (d) The Department shall license a person who meets the requirements of this subtitle.
5. (e) A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

6. (f) The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

   1. (1) Submits a renewal application on the form that the Department requires;
   2. (2) Pays to the Department the applicable fee stated in § 8-806 of this subtitle;
   3. (3) Complies with applicable continuing education requirements;
   4. (4) Complies with applicable record keeping and reporting requirements; and
   5. (5) Otherwise is entitled to be certified or licensed.

7. (g)

   1. (1) The Department may issue a farm operator's plan development certificate to a person operating a farm for the development of that person's own nutrient management plan.

   2. (2) The certificate is valid provided the person operating the farm:

      1. (i) Has paid the one-time fee provided in § 8-806 of this subtitle;
      2. (ii) Has passed an examination as determined by the Department;
      3. (iii) Complies with applicable continuing education requirements;
      4. (iv) Complies with applicable record keeping and reporting requirements; and
      5. (v) Otherwise is entitled to be certified.

8. (h) A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:

   1. (1) Implementation of the Phosphorus Management Tool developed by the University of Maryland; and
   2. (2) Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.
9. (i) In addition to any penalty authorized under § 8-805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.

Added by Acts 1992, c. 137. Amended by Acts 1998, c. 324, § 3, eff. July 1, 1998; Acts 1998, c. 325, § 3, eff. July 1, 1998; Acts 2004, c. 428, § 1, eff. July 1, 2004; Acts 2004, c. 433, § 1, eff. Oct. 1, 2004; Acts 2019, c. 760, § 1, eff. Oct. 1, 2019.