W. Va. Code R. § 61-12A-3

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

Section 61-12A-3 - Certification of Pesticide Applicators

3.1. The commissioner may not certify a person as a pesticide applicator unless he or she has passed an examination approved by the commissioner or he or she qualifies through the reciprocity requirements as contained in section 10 of this rule or qualifies as a federal employee under section 11 of this rule.

3.2. The certification of individuals, employees, or representatives of governmental agencies (including but not limited to federal employees under 40 CFR Part 171) who use or supervise the use of pesticides in the performance of their official duties shall meet the requirements of this rule and be certified as certified public applicators pursuant to this rule. The certification of such individuals, employees or representatives is valid only when applying or supervising the application of pesticides in the performance of their official duties.

3.3. Determination of Competency

3.3.a. The commissioner shall determine competence in the use and handling of pesticides based on experience and/or education, and a written examination based upon the standards set forth in Section 6 of this Rule.

3.3.b. The commissioner shall require each applicant for examination to show proof of one year of experience, education, or training by one of the following:

3.3.b.A. Experience as a full-time registered technician engaged in those categories in which the applicant seeks to be certified. Proof of experience may include notarized affidavits from former employers or certification/licensure from other states or the federal government;

3.3.b.B. Education, training, or experience in a field such as, but not limited to, biology, chemistry, or forestry; or

3.3.b.C. A combination of education and experience.

3.3.c. Employees of regulated pesticide application businesses, as defined in section 2 of this rule, are exempt from the provisions of this section related to pre-exam requirements for experience, education, or training.

3.3.d. The commissioner shall give written examinations at such time and places as he or she may direct. An applicant must correctly answer 70% or more of the examination questions to be considered competent.

3.3.e. Applicants who fail to achieve a passing score on their first attempt at examination are eligible to be reexamined in the same category after 28 days from the date of the first examination. Applicants who fail on the second attempt or any subsequent attempt must wait 56 days from the date of the last examination for reexamination.

3.4. Any person applying for certification as a commercial applicator, certified public applicator or private applicator shall submit a completed application form accompanied by the appropriate fee established in West Virginia Department of Agriculture Rule, Fee Structure for the Pesticide Control Act of 1990, 61 CSR 12. The application form shall contain all the information required by the Act and any other information considered necessary by the commissioner to carry out the purpose of the Act.

3.4.a. All examinations will be proctored by an individual not seeking certification and as designated by the commissioner.

3.4.b. All candidates for initial certification (exam or training) and recertification by examination shall present a valid government-issued photo identification as proof of identity and age.

3.4.c. Candidates will be monitored throughout the examination period.

3.4.d. Candidates will be instructed in examination procedures before beginning the examination.

3.4.e. Examination materials shall be kept secure at all times relevant (before, during, and after) the examination period to ensure that only proper candidates have access to the examination and that such access takes place in the presence of a proctor.

3.4.f. Candidates may not have verbal or non-verbal communication with anyone other than the proctor during the examination period.

3.4.g. No portion of the examination or any associated reference materials described in subdivision 3.4.h of this rule may be copied or retained by any person other than a person authorized by the commissioner to copy or retain the examination or any associated reference materials described in subdivision 3.4.h of this rule.

3.4.h. Reference materials used during an examination shall be those which are approved by the commissioner and those which are provided and subsequently collected by the proctor.

3.4.i. Reference materials provided to examinees are reviewed after the examination is complete to ensure that no portion of the reference material has been removed, altered, or destroyed.

3.4.j. The proctor reports to the commissioner any examination administration inconsistencies or irregularities, including but not limited to cheating, use of unauthorized materials, and attempts to copy or retain the examination.

3.4.k. The examination shall be conducted in accordance with any other requirements related to examination administration as set forth by the commissioner.

3.4.l. The commissioner will notify each candidate of the results of his or her examination by written notification.

3.5. Persons shall be at least 18 years old to be certified as a commercial or private applicator. Persons shall be at least 18 years old to qualify as a non-certified applicator using restricted use pesticides (hereinafter, "RUPs") under the direct supervision of a commercial or private applicator.

3.5.a. Non-certified applicators shall be at least 18 years old, except that a non-certified applicator may be at least 16 years old if the following requirements are met:

3.5.a.1. The non-certified applicator is using the RUP under the direct supervision of a private applicator who is an immediate family member.

3.5.a.2. The RUP is not a fumigant, sodium cyanide, or sodium fluoroacetate.

3.5.a.3. The non-certified applicator is not applying the RUP aerially.

3.6. Exceptions. The requirements in sections 3.1-3.4 do not apply to the following persons:

3.6.a. Persons conducting laboratory research involving RUPs.

3.6.b. Doctor(s) of Medicine and Doctor(s) of Veterinary Medicine applying RUPs to patients during the ordinary practice of those professions.

W. Va. Code R. § 61-12A-3