CHAPTER
Pes 400 CONTINUED STATUS
Statutory
Authority: RSA 430:31
PART
Pes 401 LICENSE RENEWALS AND REVOCATIONS
Pes 401.01 Renewals, Delinquent Renewals and
Retesting.
(a) Any person holding a current license, permit
or certificate may renew such license, permit or certificate for the next year
without taking another examination provided the following is submitted to the
division:
(1) Application form with
the information required by RSA 430:34;
(2) Proof of financial
responsibility pursuant to Pes 302.03;
(3) Report of pesticides
used for the preceding year required by Pes 901.02 or Pes 901.03; and
(4) Registration fee
established by RSA 430:33.
(b) An examination shall be required for any
additional categories or classifications requested by the applicant but not
held by the applicant the previous year.
(c) Every fifth year of renewal, holders of
commercial applicator or commercial applicator not for hire registrations or
licenses, and holders of private applicator restricted use permits shall
provide proof of compliance with the recertification requirements set forth in
Pes 402.01 and Pes 402.02.
(d) If a license, permit or certificate is not
renewed by June 1 of each year then such licensee, permittee or certificate
holder shall be required to take another exam pursuant to Pes 302.02 and Pes
305.04.
Source. #591, eff 11-20-74; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff
5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
Pes 401.02 Denials, Revocations and Modifications.
(a) The division shall deny certification,
license or a permit if the applicant:
(1) Is found to be
unqualified to apply or distribute pesticides as established by RSA 430:33 I
and II, and RSA 430:35; or
(2) Has not met the
competency requirements under Pes 300.
(b) The division, after a hearing, shall revoke
or deny certification, license or a permit if it finds that the holder or
applicant has:
(1) Engaged in fraudulent
business practices in the application of pesticides;
(2) Committed violations of
RSA 430:28-50 or these rules with flagrant disregard for such statute, rules,
or both;
(3) Been found to have been
a habitual violator of RSA 430:28-50 or these rules;
(4) Committed violations,
the gravity of which has a significant impact on public health, the
environment, or both;
(5) Committed violations
which indicate a lack of competence including a lack of knowledge of RSA
430:28-50 and these rules;
(6) Has been convicted of a
violation of the Federal Insecticide, Fungicide and Rodenticide Act or is
subject to a final order imposing a civil penalty under section 14 of said Act
or under RSA 430:45, II; or
(7) Made any application in
a negligent manner so as to:
a. Harm or pose a threat of
harm to human health, domestic animals, wildlife or the environment; or
b. Render the pesticide
applied ineffective for its intended use.
(c) Notwithstanding (b) above, the division,
after a hearing, shall suspend certification, a license or permit if it finds
that the holder has violated RSA 430:28-50, Pes 100-1100, or both, if:
(1) There is not a history
of repeated violations;
(2) The violations under
(b)(2) above were not flagrant or with disregard for RSA 430:28-50 or these rules;
(3) The violations
committed did not have an impact on public health or the environment; and
(4) The violations were not
a result of lack of competency.
(d) Notwithstanding (b) and (c) above, the
division, after a hearing, shall modify certification, a license or permit if:
(1) It finds that the
holder of these documents has committed violations pursuant to (c) above;
(2) The violations were not
intentional; and
(3) Modification of the
license, permit or certification is deemed appropriate to bring the person into
compliance.
Source. #1058.7, eff 11-22-77; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff
5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff10-3-12
PART
Pes 402 CONTINUING EDUCATION
Pes 402.01 Commercial Applicators.
(a) Commercial applicators shall recertify
pursuant to 402.01(o) by either attending seminars which have been approved by
the division and which shall be known as "division of pesticide control
approved seminars" or by retaking the examinations as provided under Pes
304, during the last year of their recertification cycle.
(b) The
(c) Seminars, held either in-state or
out-of-state, shall provide educational opportunities on any or all the
following subjects;
(1) New application
methods;
(2) New pest control
methods in their category of registration;
(3) New developments in
equipment;
(4) New laws and rules;
(5) Precautionary
techniques used in the safeguard of the environment; and
(6) Any other information
related to new technology pertaining to pesticide application.
(d) Requests for approval of seminars for
recertification credit shall be submitted to the division:
(1) No less than 30 days
in advance of the seminar; or
(2) At a time less than 30 days in advance of the
seminar where circumstances would necessitate a shorter lead time, including:
a. Matters related to
public health and safety;
b. Matters related to
invasive species;
c. Matters related to
outbreaks of insects or diseases; or
d. Other circumstances
that, in the judgment of the division, demand immediate attention.
(e) Requests for approval of seminars shall be
made on a form provided by the division.
(f) An applicant for approval of a seminar shall
provide the following information:
(1) The seminar's title,
date and location;
(2) The seminar sponsor’s
name, address and phone number;
(3) An agenda for the
seminar;
(4) Biographical sketches
of speakers including qualifications pursuant to 402.01(h)(5);
(5) A summary of the topics
to be presented as specified in Pes 402.01(c);
(6) Whether the seminar is
for commercial and/or private applicators; and
(7) The name, signature and
phone number of the contact person for the seminar sponsor.
(g) After review of the application, the division
shall, within 21 days of receipt of the request for approval, notify the
contact person, in writing, as to whether or not the seminar is approved and
the number of credits granted.
(h) Seminars shall be approved if:
(1) The application form
contains all of the information required by Pes 402.01(f);
(2) The application form is
received by the division according to Pes 402.01(d);
(3) The subject matter will
address topics listed in Pes 402.01(c);
(4) The seminar subject
matter is specific to the categories of certification as provided in Pes 302.01,
and
(5) The persons presenting
the pertinent subject matter have qualifications relating to both the subject
matter and the category of certification of the attendees, including:
a. Formal education with
degrees or diplomas;
b. Research experience; or
c. Practical experience.
(i) The amount of credit granted for
recertification seminars shall be determined by the time devoted to the subject
matter under Pes 402.01(c) and the provisions of 402.01(j).
(j) Credit shall be determined at the rate of one
recertification credit for each hour of subject matter.
(k) The contact person, as identified pursuant to
402.01(f), shall obtain a list of applicators in attendance at the seminar and
shall send the list to the division within 10 days following the session.
(l) Upon completion of the seminar, the contact
person, as identified pursuant to 402.01(f), shall hand out certificates to
currently certified applicators.
(m) The certificate shall include at least the
following:
(1) The name and address of
applicator;
(2) Name and date of
seminar;
(3) Number of credits
approved; and
(4) A place for signature
of applicator.
(n) Applicators shall submit all certificates of
attendance to the division at the end of each calendar year when renewing
licenses or certificates of registration pursuant to Pes 401.
(o)
Commercial applicators shall recertify by:
(1)
Retaking the exams as provided under Pes 304; or
(2) Obtaining credits by attending division of
pesticide control approved seminars as follows:
a. Credits are calculated in accordance with Pes
402.01(i);
b. Credits are obtained during the 5-year period
ending December 31 of the applicant’s fifth year of certification;
c. The applicant has renewed his or her
certification annually during said 5-year period; and
d. The applicant has accrued at least 12 credits
per category in which he or she is certified, except that persons certified in
5 or more categories shall not be required to obtain more than 48 credits
during this period.
(p) Applicators may attend recertification
sessions during any year of the 5 year period as described in 402.01(o).
(q) Applicators who add categories shall obtain
all needed recertification credit in new categories by the end of the fifth
year of the current recertification cycle.
(r) In lieu of attending these seminars, persons
may retake the examinations as provided under Pes 304 during the fifth year of
every consecutive 5 year period from date of original issuance of registration. A passing grade, as stated under Pes 304.08,
shall be required prior to renewal of the license.
(s) The division shall deny credit for a
recertification session if the application for recertification credits does not
meet the deadline set forth in (d) above, the session does not fulfill the
requirements upon which the original approval was based, or if the attendee was
not present for the total seminar.
(t) Pursuant to Pes 402.01(a), recertification
seminars approved by state lead agencies for pesticide regulation of states
other than New Hampshire shall be considered to be approved by the division
and, therefore, to be “division of pesticide control approved seminars.”
(u) Pursuant to (t) above, the division shall
accept certificates of attendance as verification of attendance of such
seminars by the person whose name appears on said certificates as the attendee
provided that the certificate:
(1) Is produced by the
state lead agency for pesticide regulation, or by cooperative extension;
(2) Bears identification of
the state lead agency or cooperative extension; and
(3) Contains the following:
a. Name of attendee or applicator;
b. Name of seminar;
c. Date of seminar;
d. Number of credits approved; and
e. Signature of attendee or applicator.
Source. #741
eff 1-18-76; amd by #1756, eff
5-26-81; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; rpld by #4029,
eff 4-1-86; ss by #4867, eff 7-19-90; ss by #5701, eff 9-17-93; ss by #6258,
eff 5-30-96; amd by #6455, eff 2-19-97; ss by #8059, eff 5-30-04; amd by
#9924-A, eff 5-10-11; ss by #10198-B, eff 10-3-12
Pes 402.02 Private Applicators.
(a) Private applicators possessing permits for
the use of restricted pesticides shall recertify pursuant to 402.02 (o) by
either attending seminars which have been approved by the division and which
shall be known as “division of pesticide control approved seminars” or by
passing an examination, as provided under Pes 305, administered during the last
year of their recertification cycle.
(b) The
(c) Seminars, held either in-state or
out-of-state, shall provide educational opportunities on any or all of the
following subjects;
(1) New application
techniques;
(2) New pest control
methods in the applicator's particular commodity group;
(3) New developments in
equipment;
(4) New laws and
regulations;
(5) Precautionary
techniques used in the safeguard of the environment; and
(6) Any other information
related to new technology pertaining to pesticide application.
(d) Requests for approval of seminars for
recertification credits shall be received by the division no less than 30 days
in advance of the seminar.
(e) Requests for approval of seminars shall be
made on forms provided by the division.
(f) Request forms shall contain the following
information:
(1) The seminar's title,
date and location;
(2) The seminar's sponsor
and the name and phone number of contact person;
(3) An agenda for the
seminar;
(4) Biographical sketches
of speakers including qualifications pursuant to 402.02(h)(5); and
(5) A summary of the topics
to be presented.
(g) After review of the application, the division
shall, within 21 days of receipt of the request for approval, notify the
contact person, in writing, as to whether or not the seminar is approved and
the number of credits granted.
(h) Seminars shall be approved provided that:
(1) The application form
contains all of the information required by Pes 402.02(f);
(2) The application form is
received by the division according to Pes 402.02(d);
(3) The subject matter will
address topics listed in Pes 402.02(c);
(4) The seminar subject matter
is specific to the commodity group as provided in Pes 402.02 (s);
(5) The persons presenting
the pertinent subject matter have qualifications relating to both the subject
matter and the category of certification of the attendees, including:
a. Formal education with
degrees or diplomas;
b. Research experience; or
c. Practical experience.
(i) The amount of credit granted for
recertification seminars shall be determined by the time devoted to the subject
matter under Pes 402.02(c) and the provisions of 402.02(j).
(j) Credit shall be determined at the rate of one
recertification credit for each hour of subject matter.
(k) The contact person, as identified pursuant to
402.02(f), shall obtain a list of applicators in attendance at the seminar and
shall send the list to the division within 10 days following the session.
(l) Upon completion of the seminar, the contact
person, as identified pursuant to 402.02(f), shall hand out certificates to
currently certified applicators.
(m) The certificate shall include at least the
following:
(1) The name and address of
applicator;
(2) Name and date of
seminar;
(3) Number of credits
approved;
(4) Signature of
applicator; and
(5) Signature of seminar
sponsor.
(n) Applicators shall submit all certificates of
attendance to the division at the end of each calendar year when renewing
permits pursuant to Pes 401.
(o) Provided that the applicator has renewed his
or her permit annually, the applicator shall be recertified by December 31 of
his or her fifth year of recertification by obtaining 15 credits. Applicators lacking the total required
credits shall retake the exams as provided under Pes 305 in order to renew the
permit.
(p) Applicators may attend recertification
sessions during any year of the 5 year period as described in 402.02(o).
(q) In lieu of attending these seminars, persons
may retake the examinations as provided in Pes 305 during the fifth year of
every consecutive 5 year period from date of original issuance of permit. A passing grade of 60 shall be required prior
to renewal of the permit.
(r) Applicators shall be required to have a total
of 15 credits for each commodity group in which they were originally certified
or permitted in order to recertify every fifth year as stated in Pes 402.02(o).
(s) Commodity groups pertaining to the
agricultural commodity that an applicator is producing shall include the
following:
(1) Christmas Tree (CT);
(2) Nursery (NS);
(3) Greenhouse (GH);
(4) Small Fruit (SF);
(5) Tree Fruit (TF);
(6) Beekeeper (BK);
(7) Poultry (
(8) Dairy (DY);
(9) Vegetable (VG); and
(10) Sod (SO);
(t) The division shall deny credit for a
recertification session if the application for recertification credits does not
meet the deadline set forth in (d) above, the session does not fulfill the
requirements upon which the original approval was based, or if the attendee was
not present for the total seminar.
(u) Recertification pursuant to Pes 402.02 shall
be completed and documented to the division by December 31 of the designated
recertification year and prior to the renewal of the permit.
(v) Pursuant to Pes 402.01(a), recertification
seminars approved by state lead agencies for pesticide regulation of states
other than New Hampshire shall be considered to be approved by the division
and, therefore, to be “division of pesticide control approved seminars.”
(w) Pursuant to (v) above, the division shall
accept certificates of attendance as verification of attendance of such seminars
by the person whose name appears on said certificates as the attendee provided
that the certificate:
(1) Is produced by the
state lead agency for pesticide regulation, or by cooperative extension;
(2) Bears identification of
the state lead agency or cooperative extension; and
(3) Contains the following:
a. Name of attendee or
applicator;
b. Name of seminar;
c. Date of seminar;
d. Number of credits
approved; and
e. Signature of attendee or
applicator.
Source. #741, eff 1-18-76; amd by #1756, eff 5-26-81; ss by #2209, eff 12-13-82; ss by
#2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91; ss by
#5701, eff 9-17-93; ss by #6258, eff 5-30-96; amd by #6455, eff 2-19-97; ss by
#8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
PART
Pes 403 ONGOING REQUIREMENTS
Pes 403.01 Supervisory Level Certificate of
Registration. At least one employee
at the supervisory or managerial level of each business entity applying
pesticides commercially shall hold a supervisory level certificate of
registration. If more than one
supervisory office or district exists in the state for any one business entity,
then at least one member of each such district shall hold a supervisory level
certificate of registration.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
Pes 403.02 Certification of Crew Members. At least one member of each crew shall be
registered at either the operational or supervisory level and be present
whenever and wherever a commercial application of pesticides is made in this
state.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
Pes 403.03 Periodic Inspections. By accepting registration certificates,
licenses, permits, certification and other documents, the bearer shall agree to
and understand that periodic inspections of pesticide application for
enforcement purposes shall be made pursuant to RSA 430:42 and 430:43.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff
5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
PART Pes 404 CEASE AND
DESIST ORDERS
Pes 404.01 Order to Cease and Desist.
(a) When the
division believes that a person is using or intending to use a pesticide in a
manner which violates any of the provisions of RSA 430:28-50 or the
administrative rules of the board, Pes 100 through 1100, the division shall
order the person to cease and desist the use of the pesticide as mandated by
RSA 430:42, II.
(b) Cease and desist orders shall be subject to
the following provisions:
a. Date and time of order;
b. Name and address of person to whom the order
has been issued;
c. Reason for issuance; and
d. Signature of the director;
(4) Cease and desist orders shall be issued and
served through the mail or in the field after such decision has been made between
the director and the inspector involved;
(5) A recipient of a cease and desist order may
request a hearing before the division;
(6)
Such request for a hearing shall:
a. Be in writing;
b. Be received within 10 days of issuance of the
order; and
c. State the reasons for the request;
(7) The division shall hold a hearing, according
to the procedures set forth in RSA 541-A:31-41 and Agr 200, on the request
within 20 days of receiving it;
(8) The division shall rescind the order upon
being satisfied, after investigation, hearing, or both, that the order has been
complied with or that there was not justification for issuance of the order
based on a challenge by the recipient;
(9) The order rescinding the cease and desist
order shall be in writing; and
(10) Decisions rendered by the division pursuant
to (f) above may be appealed to the board as provided under RSA 430:42, II.
Source. #10198-B, eff 10-3-12 (from Pes 205.01)
APPENDIX
|
Rule |
|
|
|
|
|
Pes 401.01 |
RSA 430:33, I, II and RSA
430:34 |
|
Pes 401.02 |
RSA 430:33, I, II, III and
RSA 430:35 |
|
Pes 402.01 |
RSA 430:33, I |
|
Pes 402.01(o) |
RSA 430:31, IV (d),(n),(o) |
|
Pes 402.02 |
RSA 430:33, I and RSA
430:34, IV |
|
Pes 403.01 – Pes 403.02 |
RSA 430:33, I |
|
Pes 403.03 |
RSA 430:42 and RSA 430:43 |
|
Pes 404.01 |
RSA 430:42, II |
|
|
|