1. A. It shall be unlawful and a misdemeanor for any person to act, operate, or do business or advertise as a commercial, noncommercial or private applicator unless such person has obtained a valid applicator's license issued by the Board for the category of pesticide application in which the person is engaged.

   A license may be issued by the Board under the provisions of this act in any category of pesticide application, provided the applicant qualifies under the provisions of this act and the applicant is limited to the category of pesticide application named on the license. The Board shall establish such categories of pesticide application as it deems necessary. Licenses shall be issued only upon application therefor to the Board on a form of application prescribed by the Board, and the application shall contain information regarding the applicant's qualifications and proposed operations and such other information as may be specified by the Board. An aerial license shall not be issued or be valid unless the applicant possesses and has filed with the Board a copy of a valid document issued by the Federal Aviation Administration showing that the person is qualified to operate or supervise the operation of an aircraft conducting agricultural operations.

   Each business location shall require a separate license and separate certified applicator.

   The Board by regulation may require a certified applicator to be present at the location where designated pesticide applications are to be used in order to use or supervise the use of such pesticides.

2. B.

   1. 1. A license shall be issued only after satisfactory completion of the certification standards by the particular person who will be the certified applicator under the license. A failure to show proper qualification under the rules and regulations prescribed by the Board, or for violations of any of the provisions of this act shall make it the duty of the Board to deny the application for certification or recertification or deny the issuance or renewal of a certificate or license. A certificate in any category shall be valid for five (5) years unless suspended, canceled, or revoked by the Board or until recertification is deemed necessary for said category, and may be renewed after successful completion of recertification. The Board may require certified applicators to be recertified not to exceed one recertification in a five-year period.
   2. 2. A certified service technician identification shall be issued upon application and completion of such certification standards by the applicant as are determined by the Board. No person shall act, do business as, or advertise as a service technician unless such person has met all the qualifications and standards as determined necessary by the Board. The service technicians' identification shall be issued in the name of the licensed entity. The licensee shall ensure that the service technician identification is returned to the Board upon termination of the employee. A service technician identification shall be valid for a period of five (5) years unless suspended, canceled or revoked by the Board, or until recertification is deemed necessary by the Board or until the service technician leaves the employ of the licensed entity.

   3. 3. All licenses, except of private applicators, shall expire on the 31st day of December following their issuance or renewal, and may be renewed for the ensuing calendar year, without penalty or reexamination, if a properly completed application is filed with the Board not later than the 1st day of January of each year. If application is not received by such date a penalty of twice the amount of the renewal fee shall be charged for renewal of the license(s). After the 1st day of February, in addition to penalty, a reexamination shall be required.

      All private applicator licenses are in effect for five (5) years and may be renewed by application after completion of a continuing education program or written exam approved by the Board.

3. C. The following fees shall be paid to the Board:

   1. 1. A fee of Fifty Dollars ($50.00) for each category of pesticide application shall be paid to the Board for the issuance or renewal of a commercial applicator business license, not more than Two Hundred Fifty Dollars ($250.00) total category fees shall be charged annually to any of business location of an applicator;
   2. 2. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each written examination conducted by the Board;
   3. 3. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each practical examination conducted by the Board;
   4. 4. A fee of Five Dollars ($5.00) shall be paid to the Board for the issuance or renewal of a private applicator's license;
   5. 5. A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of a noncommercial business license;
   6. 6. A fee of Ten Dollars ($10.00) shall be paid to the Board for the issuance or renewal of service technician identification;
   7. 7. A fee of Five Dollars ($5.00) shall be paid to the Board for the issuance of duplicate licenses or certificates or transfer of a service technician identification;
   8. 8. No fees shall be charged to governmental agencies or their employees in the discharge of their official duties;

   9. 9. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each recertification procedure.

      All such fees shall be deposited in the State Board of Agriculture Revolving Fund.

4. D. The Board shall not issue a commercial applicator's license until the applicant has furnished evidence of an insurance policy or certificate thereof by an insurer or broker authorized to do business in this state insuring the commercial applicator and any of his agents against liability resulting from the operations of the commercial applicator. Such insurance shall not be applied to damage or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.

   The amount of liability as provided for in this section shall not be less than that set by the Board for each property damage arising out of actual use of any pesticide. Such liability shall be maintained at not less than that sum at all times during the licensing period. The Board shall be notified fifteen (15) days prior to any reduction in liability.

   Should the liability furnished become unsatisfactory, said applicant shall upon notice immediately execute new liability and should he fail to do so, the Board shall cancel his license and give him notice of said fact and it shall be unlawful thereafter for such person to engage in said business of applying pesticides until the liability is brought into compliance with the requirements of this section and his license reinstated.

   No action for such alleged damages to growing annual crops or plants may be brought or maintained, however, unless the person claiming the damages shall have filed with the Board a written statement of alleged damages, on a form prescribed by the Board, within ninety (90) days after the date that the alleged damages occurred, or prior to the time that twenty-five percent (25%) of a crop damaged shall have been harvested.

Laws 1984, HB 1882, c. 156, § 2, eff. November 1, 1984; Amended by Laws 1986, HB 1830, c. 285, § 2, eff. November 1, 1986.