1. (1) An individual who by contract or for hire uses or applies pesticides not under the special supervision of a licensed applicator is required to become a licensed commercial pesticide applicator, except as provided for in these rules.

   1. (a) A person must be a minimum of 18 years old in order to purchase or use restricted use pesticides, unless as allowed in ARM 4.10.403.
   2. (b) Each pesticide applicator business location must have a licensed pesticide applicator. Any owner or person who has a financial interest in a pesticide applicator business may appoint a partner or salaried employee to become the licensed pesticide applicator. The owner or person having the financial interest in a pesticide application business shall continue to assume and is financially responsible for all uses and applications of a pesticide. The owner, manager, or licensed applicator of a pesticide applicator business may elect to have some or all of the employees of the business licensed as applicators.
2. (2) A person must apply for a license on the department's application form. The application must be completed in its entirety and accompanied by the licensing fee. Applicants submitting incomplete applications and not meeting the conditions and standards expressed in the Act and department rules will be notified of such deficiencies and the procedure for correcting the deficiencies. The department will return the application along with the notice.
3. (3) Nonresident applicants shall be required to submit the license application and fee, and must designate an agent for service of process with the Secretary of State. The service of process shall remain valid until cancelled or modified.
4. (4) An individual applying for a public utility applicator's license shall be required to meet the same conditions and standards established within these rules for commercial applicators. For purposes of this subchapter, "public utility" means any governmental organization supplying water, electricity, transportation, etc. to the public, including utilities operated by a private entity under governmental regulation.
5. (5) An individual applying for a government applicator's license shall be required to meet the conditions and standards of these rules except for those specifically exempted in the Act. The department may accept for certification those federal employees certified through an EPA approved federal agency certification program or if the employee has been certified by another state with comparable requirements and standards of the department. The department reserves the responsibility to require federal employees to meet any special state certification standards.

6. (6) Those individuals who cannot be classified as a commercial, public utility, or government pesticide applicator or who cannot be classified as a private farm applicator, but desire the use of restricted-use pesticides, shall be considered to be noncommercial applicators.

   1. (a) The noncommercial applicators desiring to use restricted use pesticides in the state shall be required to meet the same application, examination, qualification, general and specific competency standards, recordkeeping, requalification, and other related pesticide usage and application standards as required of commercial applicators by the Act.
   2. (b) These individuals shall be classified into one of the categories established for commercial applicators.
   3. (c) Certified noncommercial applicators may only use restricted use pesticides on lands owned, rented, or leased by his/her employer or himself/herself.
   4. (d) Noncommercial applicators, whether certified or not, violating the Act or these rules shall be subject to the same penalties and administrative procedures as commercial applicators.
7. (7) No licenses shall be issued to any person until the application, fees and all examination or requalification requirements are fulfilled and approved by the department.
8. (8) A licensed pesticide applicator changing his employment to another company or business within a licensing period shall be required to submit his license and any employee licenses referenced to his license to the department for cancellation. The applicator, by submission of a written request or application, may request the issuance of a new license. If the applicator paid the license fee, the department will reissue the license. If the company or business originally employing the applicator paid the license fee, the department shall not reissue the applicator's license until the fee is paid by the applicator or the applicator's new employer. If the original company paid the licensing fee, the department will credit the fee to the company for issuance of another applicator's license within the same licensing period provided that the license must not be issued until the applicant passes the required written examination or is already an approved applicator. Licenses and licensing fees must not be transferable between licensing periods.
9. (9) A commercial, noncommercial, special utility or government applicator not renewing and maintaining their license and certification within the established qualification period shall be required to retake and pass the complete examination series prior to the issuance of a new license at the beginning of the next qualification period. The applicator may maintain their qualifications by attending approved requalification programs for a time period not to exceed four years. The applicator will be required to maintain their records of requalification for submission to the department for relicensing. The department reserves the right to require special examination(s) on new requirements or technology.

10. (10) Applicators and their employees licensed as applicators or operators shall reveal their license upon request by any individual or business, for whom the applicator or his employee is performing pesticide applications or to an authorized representative of the department.

    1. (a) When an applicator terminates his employment, transfers his license, or modifies or cancels his license, all employee operator licenses issued under the applicator's name and license are terminated, modified, or cancelled. Employees certified as applicators may retain their license provided that their financial responsibility is still valid. New licenses will be issued to employee operators previously licensed once the business has appointed a new supervisory certified applicator.

Authorizing statute(s): 80-8-105, MCA

Implementing statute(s): 80-8-105, MCA

History: NEW, Eff. 7/5/76; AMD, 1978 MAR p. 150, Eff. 4/15/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10; AMD, 2025 MAR, Notice No. 4-24-284, Eff. 1/25/25.