W. Va. Code R. § 61-12A-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12A-11 - Federal Employees

11.1. Certification - When an employee of any entity of the United States government has been qualified in any category as competent to apply RUPs under the Government Agency Plan ("GAP"), or another EPA approved plan judged by the commissioner to be at least equal to the Act and rules promulgated pursuant to the Act, the commissioner may issue a certification in the same category or categories without the need for a written examination nor for the payment of any fee.

11.2. Qualification for Certification - Federal employees qualified under an acceptable federal plan to apply RUPs and who intend to apply RUPs in West Virginia as a part of their entity work shall present their qualifying documents to the commissioner; and, if acceptable, these documents will be endorsed by the commissioner or a State document will be issued which will permit the federal employee to use RUPs in West Virginia.

11.3. Emergency Situations - If, in an emergency situation, federal employees are brought in to West Virginia to control or eradicate pests, and these employees have been properly qualified to use RUPs under the plan of another state or under an acceptable federal government entity plan, the employee is considered to be certified in West Virginia. The employee and his or her entity must, within 10 days of entering the state, present qualifying credentials to the commissioner. At this time, the commissioner shall issue state credentials if the employee is to remain in West Virginia as an applicator of RUPs. The provisions of this section do not apply to nonfederal employees contracted to perform pesticide applications for the federal government. In an emergency, however, and with the concurrence of the commissioner, a properly certified federal applicator may act in a supervisory capacity of a nonfederal applicator if the applicator is properly certified in West Virginia or under the plan of another state. Within 10 days of entering the State, the non-federal applicator certified in another state must apply for West Virginia certification as required by this rule.

W. Va. Code R. § 61-12A-11