1. (a) All testing conducted by the department under the authority of the Act, Subchapter E, shall be designed to cover the information necessary for an applicant to demonstrate competency to use and supervise the use of restricted-use and state-limited-use pesticides or regulated herbicides in a safe and effective manner.
2. (b) The department may enter into a memorandum of agreement with another state or a federal agency for reciprocity in licensing pesticide applicators.

3. (c) Doctors of veterinary medicine are exempted from licensing when:

   1. (1) applying restricted-use or state-limited-use pesticides or regulated herbicides as drugs or medication during the course of normal practice; or
   2. (2) when applying any pesticides not classified as restricted-use by EPA to property owned, rented or under the veterinarian's general control.

4. (d) Commercial and noncommerical applicators must meet the following requirements:

   1. (1) Anyone who makes a passing score on the general pesticide applicator examination, the laws and regulations examination, and on one or more category tests will be eligible to be certified in those categories or subcategories for which a passing score was received and shall be licensed as soon as all other licensing requirements are met. Applicators may certify in the subcategory listed in §7.21(a)(6)(B) of this title (relating to Applicator Certification) by passing a test pertaining to that subcategory and related laws and regulations and fulfilling other licensing requirements; however, applicators who license in this manner may not add other categories without successfully completing the general pesticide applicator examination and the laws and regulations examination.
   2. (2) A fee of $20 shall be required for testing each applicant in each license use category and subcategory, and must be paid at the time the test or tests are given. Employees of political subdivisions of the State of Texas or of a federal agency operating in Texas who utilize the license solely in the course of their employment are exempt from examination fees.
   3. (3) Individual test scores are valid for only 12 months.
5. (e) Employees of state universities and state agencies may convert to a commercial or noncommercial license upon termination of employment by paying the required fee provided that all licensing requirements have been satisfied.

6. (f) Private applicators must meet the following requirements:

   1. (1) A private applicator certification or license may be revoked by the department if the applicator is not engaged in the production of an agricultural commodity.

   2. (2) An employee who qualifies as a private applicator under the Act, §76.112(c), is not considered to be providing equipment or pesticide when the employer is identified on the private applicator's certification license application or amendment thereof, and either:

      1. (A) the pesticide or equipment is purchased by the private applicator using a check, cash, or account of the employer; or
      2. (B) the private applicator is reimbursed by the employer for the equipment or pesticide.
   3. (3) Upon completion of the private applicator training, the trainee has five years to pass the private applicator examination without having to retrain. Retraining and retesting shall be required of anyone who does not complete requirements for licensing within five years of passing the private applicator exam.

Source Note:The provisions of this §7.22 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 14, 1998, 23 TexReg 7221.