ࡱ> 8:7_ objbj @0bb86**84X  666$T66wwwF66wwww6miWjw(0XwdwwLw%RX* J: 01 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY 026 BOARD OF PESTICIDES CONTROL Chapter 35: CERTIFICATION AND LICENSING PROVISIONS / SPRAY CONTRACTING FIRMS SUMMARY: These regulations describe the requirements for certification and licensing of spray contracting firms. 1. Competency Standards for Certification No person shall be certified as a spray contracting firm unless it demonstrates that the firm will have in its employment a sufficient number of licensed Master and Operator applicators to actively supervise and conduct the program in accordance with all applicable laws and regulations, and that such firm will otherwise be competent to responsibly make a pesticide application. A responsible official of the contracting firm will sign a statement attesting that he/she is familiar with and that the contracting firm will comply with all statutes, rules, and guidelines of the Board. 2. Certification Procedures All applicants must complete and submit an application provided by the Board which details the organizational structure of the spray contracting firm. A. Information shall include the firm name, chief officer, telephone number and location of the company headquarters, and business mailing address. B. Information shall also include a listing of all Master applicators who shall have responsibility for spray programs conducted in fb88 along with their business locations and telephone numbers. C. Information shall also be included, as required on the application form, which demonstrates whether the firm has the necessary competence to responsibly apply pesticides in fb88. 3. Licensing A. Application. Application for a spray contracting firm license shall be on the same form provided by the Board for certification information. B. Fee. At the time of application, the applicant must submit a fee of $300.00. 1. For replacement or alteration - $5.00. C. Insurance. An applicant must submit a completed and signed form, provided by the Board, which attests that the spray contracting firm will have the required amounts of insurance specified in Chapter 31 in effect when any employee or agent makes a pesticide application. D. Reports. Annual Summary Reports described in Chapter 50, Section 2(A) must be submitted for each calendar year by January 31 of the following year. In the event a required report is not received by the due date, the persons license is temporarily suspended until the proper report is received or until a decision is rendered at a formal hearing as described in 22 MRSA 1471-D (7). E. Decision. Within 15 days of receipt of application by the Board, unless the applicant agrees to a longer period of time, the Director shall issue, renew or deny the license. The Director's decision shall be considered final agency action for purposes of 5 M.R.S.A. 11001 et seq. F. Refusal to Renew. The Board may refuse to renew a license if it is not in accordance with any of the requirements hereof or if the Board makes, as to the licensee, any of the findings set forth in 22 M.R.S.A. 1471-D (8), which describe the bases for a decision by the Administrative Court to suspend or revoke a license. If the Board determines that there is evidence sufficient to refuse to renew a license, it shall give notice and an opportunity for a hearing before the Board prior to making that determination final. G. Expiration. All spray contracting firm licenses will expire at the end of the third calendar year after issuance. 4. Special Spray Contracting Firm Requirements A. No spray contracting firm may use or supervise the use of any pesticide within the State without prior certification from the Board. B. Each spray contracting firm shall be responsible for the acts of those people in its employ and its license shall be subject to denial, refusal to renew, suspension, or revocation, and such firm shall otherwise be punishable under the law, for any violation of the statutes or regulations, whether committed by the owner, chief officer, agent, employee or other person acting in concert or participation with it. C. No spray contracting firm shall make a forest insect aerial spray application until it ascertains that legally required notification has been given to the public and the Board, and there has been compliance with all other requirements for such an application, including any required licensing of its employees, agents and independent contractors and their employees. D. A spray contracting firm shall cause employees and agents to prepare reports pursuant to Chapter 50, "Record Keeping and Reporting". 5. Transitions For the purposes of converting from two year licenses to three year licenses to ensure that license expirations are evenly distributed across any three year period, the Board may initially issue one, two, or three year licenses. License fees will be prorated in accordance with the length of the license term. The length of the initial license terms will be assigned by the Board when an existing license is renewed, based on company name. STATUTORY AUTHORITY: 22 M.R.S.A. 1471-D EFFECTIVE DATE: February 6, 1985 AMENDED: January 12, 1986 August 17, 1996 EFFECTIVE DATE (ELECTRONIC CONVERSION): March 1, 1997 AMENDED: December 28, 1999; also converted to MS Word CORRECTIONS: February, 2014 agency names, formatting AMENDED: September 23, 2015 filing 2015-170     01-026 Chapter 35 page page 3 8 I abcpu KS  %'-3:J JT&ǼǼzhjxxh$A6CJaJh$ACJOJQJaJhO!h$ACJaJh h$A5CJaJhjxxh?ABDbchijеwswswswsk_k_Rh$6CJaJmHnHujhCJUaJhCJaJhiNjhiNUhjxxh#CJaJh#CJaJhCJaJh CJaJh@A$ 0a$  p@ ACDEFGlmno  p@ !$ & p@ P !&dPa$$ & p@ P !a$ jklmnohjxxh#CJaJhiNhhCJaJjhU> 00P:p / =!"#$% Dpf 666666666vvvvvvvvv666666>6666666666666666666666666666666666666666666666666hH6666666666666666666666666666666666666666666666666666666666666666662 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~OJQJ_HmH nH sH tH @`@ NormalOJQJ_HmH sH tH DA D Default Paragraph FontRiR  Table Normal4 l4a (k (No List 4 4 Footer  !44 Header  !8O8 Default TextCJPK![Content_Types].xmlN0EH-J@%ǎǢ|ș$زULTB l,3;rØJB+$G]7O٭V$ !)O^rC$y@/yH*񄴽)޵߻UDb`}"qۋJחX^)I`nEp)liV[]1M<OP6r=zgbIguSebORD۫qu gZo~ٺlAplxpT0+[}`jzAV2Fi@qv֬5\|ʜ̭NleXdsjcs7f W+Ն7`g ȘJj|h(KD- dXiJ؇(x$( :;˹! 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