Section 111.35a - Pesticide application licensing(a) Each business, public utility, government agency or other entity engaged in applying or contracting for the application of pesticides, as meets the definition of "commercial applicator," shall hold a license stating those categories in which it is to do business. No license shall be issued to any business, public utility or agency, nor shall any license remain valid unless such business, public utility or agency has a certified applicator in its employ at all times. No license shall be required of any private applicator.(b) The secretary shall categorize the applicator licenses issued hereunder as one of the following: (1) Commercial pesticide applicator.(2) Public pesticide applicator.(c) The secretary shall subcategorize applicator licenses to be issued under this section. Such categories may include, but not be limited to, structural pest control operators, ornamental, agricultural, or right-of-way pesticide applicators, and further designations as to ground, aerial or manual methods used by any licensee to apply pesticides or to use pesticides to control pests.(d) Application for an applicator license shall be made in writing to the secretary on a designated form provided by the secretary.(e) The secretary shall require a fee not to exceed twenty-five dollars ($25) per year for each licensee, but no business shall be required to pay an additional license fee if such business desires to be licensed in one or more of the license categories provided for by the department under the authority of this section.(f) If the secretary determines and designates the applicant or his employe to be a certified applicator and qualified to apply pesticides in the categories applied for, and, in the case of an applicant for a license as a commercial applicator, if the applicant or his employer files the satisfactory evidence of financial responsibility as required hereunder and if the applicant applying for a license to engage in aerial application of pesticides has met all the requirements of the Federal Aviation Administration and any other applicable Federal or State laws or regulations to operate the equipment described in the application, the department shall issue a license limited to the categories for which said applicant is qualified. Such evidence of financial responsibility shall be presented and shall be maintained throughout the entire life of the license. The secretary may limit the license of the applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the secretary shall inform the applicant in writing of the reasons therefor.(g) The secretary shall not grant a license until the applicant for a license has furnished evidence of financial responsibility to the secretary, consisting either of a surety bond, self-insurance or a liability insurance policy or certification thereof, or other evidence of financial responsibility. The secretary shall determine by regulation the financial responsibility requirements after due notice and a hearing.(h)(1) The secretary may, after notice, including a statement of reason therefor, and opportunity for a hearing, suspend, revoke or modify any license granted under this act where the secretary has reasonable grounds to believe that the licensee is responsible for any prohibited acts pursuant to this act. The secretary shall furnish the licensee with notice of the time and place of the hearing, which notice shall be served personally or by certified mail, directed to his place of business or last known address, with postage fully paid, at least ten days prior to the time fixed for the hearing.(2) Should the financial responsibility furnished become unsatisfactory, said licensee shall immediately execute a new bond, insurance or other financial responsibility and shall he fail to do so, the secretary may revoke his license and give him notice of said fact.(i) All licenses shall continue in full force and effect until December 31 each year, whereupon they shall become invalid unless renewed. Forms for renewal shall be mailed to all holders of current licenses by the secretary at least sixty days prior to expiration.(j) The provisions of this section relating to licenses and requirements for their issuance shall not apply to research personnel applying pesticides to bona fide experimental plots.1974, March 1, P.L. 90, No. 24, § 15.1, added 1986, Dec. 12, P.L. 1542, No. 167, § 6, effective in 90 days.