1. (1) There is herewith established a type of trainee license as defined in ORS 634.006(26) which shall bear the designation "Immediately Supervised Trainee."

2. (2) An immediately supervised trainee license may only be issued upon receipt by the department of:

   1. (a) An appropriately completed license application form; and
   2. (b) Payment of the appropriate fee.
3. (3) The fee for an immediately supervised trainee license shall be the same as the fee for a pesticide trainee license.
4. (4) An immediately supervised trainee license shall expire on December 31 of the year of issuance, or of the following year if issued a license for two consecutive years.
5. (5) An immediately supervised trainee license authorizes the holder to conduct pesticide application activities under the immediate supervision of an appropriately licensed supervisor as detailed in OAR 603-057-0001. The immediately supervised trainee may apply pesticides only in the categories listed under the supervisor’s license. If the supervisor is a licensed public applicator, the immediately supervised trainee may only apply pesticides as described in ORS 634.116(12).
6. (6) An immediately supervised trainee license may be renewed.
7. (7) For each pesticide application made by an immediately supervised trainee, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the immediately supervised trainee(s) and their supervisor(s). The employer of the immediately supervised trainee shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS chapters 561 or 634 or rules adopted thereunder.
8. (8) An immediately supervised trainee license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

9. (9) For purposes of this rule, “an appropriately licensed supervisor” is:

   1. (a) A licensed commercial, noncommercial, or public applicator;
   2. (b) Licensed in the category, or categories, in which the immediately supervised trainee is currently engaged.
10. (10) Any immediately supervised trainee conducting pesticide application activities without an appropriately licensed supervisor, without an appropriately licensed supervisor on the site where the application is being made, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance with ORS 634.900.

Statutory/Other Authority

ORS 561.190 & 634

Statutes/Other Implemented

ORS 634.306 & HB 4062 (2022)

History

DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 11-2012, f. 5-15-12, cert. ef. 1-1-13
AD 12-1992, f. 10-13-92, cert. ef. 1-1-93