N.H. Admin. Code § Pes 304.02

Current through Register No. 45, November 7, 2024
Section Pes 304.02 - Examination Types, Subject Areas, and Levels
(a) There shall be 2 types of examinations, written and oral.
(b) There shall be separate written examinations for each fundamental area of study as follows:
(1) A general examination, which shall test knowledge of fundamental core principles, including those subject areas listed under Pes 304.09(b)(1)-(3);
(2) A regulations examination, which, pursuant to Pes 304.09(b)(8), shall test knowledge of applicable state and federal laws and rules that govern the conduct of pesticide activities in New Hampshire, in particular the Federal Insecticide, Fungicide, and Rodenticide Act, regulations under RSA 430:28-50 and the administrative rules written under those regulations, Pes 100-1100; and
(3) A category examination, either operational or supervisory, for each category of certification, which shall test knowledge specific to the category in accordance with the applicable standards of competency under Pes 304.10 plus those subject areas listed under Pes 304.09(b)(4)-(7).
(c) Written examinations shall include true-false, completion, multiple choice, and in cases where equipment calibration or pesticide mixing or both are critical, problem type questions.
(d) Except for the general examination specified under Pes 304.02(b)(1), written examinations for commercial applicators shall be divided into 2 levels, supervisory and operational.
(e) The regulations and category examinations for the supervisory level shall be more in-depth, specific, and reflective of the experience needed at the supervisory level.
(f) The procedure for administering an oral exam shall be as follows:
(1) Oral examinations, where required in addition to written exams, shall be administered by the division as follows:
a. Applicants shall be eligible to take oral exams only upon having passed all applicable written exams;
b. Such oral exams shall be conducted by a panel of one or more persons designated by the director;
c. Such oral exams shall be scheduled at the convenience of the division, based on availability of panel members;
d. Such oral exams shall be held in the office of the division;
e. The examining panel shall test the applicant's knowledge of core information pertaining to the use and handling of pesticides, pertinent rules and regulations, and category-specific information for each category of registration sought by said applicant, where the scope of the examination shall be in accordance with Pes 304.09 and Pes 304.10;
f. Without going beyond the scope of examinations and standards of competency set forth under Pes 304.09 and Pes 304.10, the examining panel shall ask follow-up questions based on applicant responses, and otherwise assess an applicant's depth of knowledge and degree of competence to an extent that would not be possible through written examination alone;
g. Exams shall be graded on a pass-fail basis where, in the judgement of the panel, the applicant has or has not demonstrated adequate competency in each of the areas tested;
h. Results of the exam shall be communicated in writing to the applicant; and
i. Persons who fail the orals may schedule a retake with the division and shall be afforded such retake at the next available opportunity.

N.H. Admin. Code § Pes 304.02

#6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12