1. A. Responsibility of Licensee or Permittee.

   1. (1) Registering Employees. A licensee or permittee shall register with the Department each employee who performs pest control either when applying, respectively, for a license or permit, or within 30 days after the employee’s employment.
   2. (2) Providing Identifying Information. A licensee or permittee shall provide the Department with the employee's name, social security number, and 1-inch by 1-inch photograph.

   3. (3) Paying Initial and Renewal Registration Fees.

      1. (a) New Employees. Beginning October 1, 2010, a licensee or permittee shall pay an initial registration fee of $30 for each new registered employee required to be registered under Regulation .04A(1) of this chapter.
      2. (b) Existing Employees of Pest Control Consultant Licensees. Beginning January 1, 2011, a licensee or permittee shall pay an annual renewal fee of $30 for each registered employee required to be registered under Regulation .04A(1) of this chapter.
      3. (c) Existing Employees of Pest Control Business Licensees and Not-for-Hire Licensees. Beginning July 1, 2011, a licensee or permittee shall pay an annual renewal fee of $30 for each registered employee required to be registered under Regulation .04A(1) of this chapter.
   4. (4) Exemption. Permitted Public Agencies are exempted from paying the initial and renewal registration fees for registered employees.

   5. (5) Duration.

      1. (a) An employee registration for an employee of a Pesticide Business licensee, a Not-for-Hire licensee, or a permitted public agency becomes effective beginning July 1, or whenever obtained, and expires June 30.
      2. (b) An employee registration for an employee of a Pest Control Consultant Licensee becomes effective beginning January 1, or whenever obtained, and expires December 31.
   6. (6) Paying a Late Fee. If an application for renewal of an employee registration card is received by the Department more than 30 days after the renewal date of the registration card, the licensee is subject to a $30 late fee.
   7. (7) Notifying Department of Employee's Termination. Within 30 days after termination of the registered employee, a licensee or permittee shall give the Department written notice of the employment termination.

   8. (8) Training Employees.

      1. (a) Ensuring Completion of Approved Program. Each licensee or permittee is responsible for ensuring that each employee, other than a certified applicator, successfully completes a training program approved by the Department. Employee training shall be completed within 30 days of employment and before registration with the Department.
      2. (b) Prohibiting Untrained Employee From Certain Work. A licensee or permittee may not allow an employee who has failed to successfully complete an approved training program to perform pest control services unless a certified applicator or registered employee is physically present at the time and place of the pest control service.
      3. (c) Verifying Training Completion. Upon request by the Department, each licensee or permittee shall provide written evidence that an employee has completed an approved training program. The licensee or permittee shall maintain throughout the duration of an employee's employment a record showing the date on which the employee completed the approved program.

2. B. Responsibility of Department.

   1. (1) Approval of Training Program. The Department may approve any training program that includes at least the following subjects:

      1. (a) Pesticide laws and regulations;
      2. (b) Label comprehension;
      3. (c) Safety and emergency procedures;
      4. (d) Proper pesticide handling and storage;
      5. (e) Pest identification and control recommendations;
      6. (f) Pesticide application techniques;
      7. (g) Environmental and health concerns; and
      8. (h) Integrated pest management principles.
   2. (2) Issuance of Identification Card. The Department shall issue an identification card to each employee that a licensee or permittee registers with the Department.

3. C. Responsibility of Employees.

   1. (1) Use and Return of Identification Card. A registered employee shall carry an identification card and shall show it, on request, to any interested person. Upon termination, the registered employee shall return the identification card to the Department.
   2. (2) Need to Complete Training Program. An employee who has not successfully completed a Department-approved training program may not apply pesticides unless a certified applicator or registered employee is physically present at the time and place of application.

Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018

Effective date: March 1, 1970

Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)

Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)

Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)

Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)

Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)

Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)

Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)

Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)

Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)

Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)

Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)

Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)

Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)

Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)

Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)

Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)

Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)

COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.

COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)