901:5-11-08 Demonstration of competence.

(A) Each applicant for a pesticide applicator license shall show, by passing a general examination and an examination for each applicable pesticide-use category, that the applicant possesses adequate knowledge of general pesticide application principles and competence to apply pesticides and, in the case of commercial applicators, adequate knowledge and competence to conduct diagnostic inspections within the pesticide-use categories for which the applicant seeks licensure.

(1) Opportunity to take examinations will be provided at such times and places as determined by the director in consideration of the number and location of requests.

(2) A pesticide applicator may apply to broaden their license to include a new pesticide-use category at any time.

(3) In establishing the standards for training and examination of pesticide applicators, the director will be guided by the standards set forth in the "State Plan for Certification of Applicators" as approved by the administrator of the United States department ofenvironmental protection.

(4) Each applicant for licensure as a commercial applicator in the category of wood-destroying insect diagnostic inspection shall submit a valid certificate verifying that they have completed the Ohio wood-destroying insect inspection program.

(5) Applicants who fail to pass an examination may apply to be re-tested at a pre-arranged time and location, but no earlier than five business days after a previous examination except by special permission of the director.

(6) Applicants must pass a core examination and a pesticide-use category examination to be issued a licenser , except that applicants for licensure as a private applicator in the category of specialty uses must pass a core examination only. If an applicant fails either the core or all pesticide-use category examinations they have taken, the applicant shall not receive a license until both the core and at least one pesticide-use category examination have received a passing score. The applicant has one year from the date of the first examination for which the applicant has obtained a passing score to obtain licensure. If the applicant is unable to obtain licensure within that year, the applicant must pass anew both a core examination and a pesticide-use category examination, even if the applicant had previously received a passing score on either the core or a pesticide-use category examination.

(B) Re-examination shall be required at three-year intervals, except that a pesticide applicator may be exempted from re-examination if they have participated in the minimum amount of approved training during the three years prior to the date of their scheduled re-examination. Notwithstanding the minimum number of hours set forth below, a licensee shall participate in at least one-half hour of training for each pesticide-use category in which they are licensed in order to avoid re-examination in that particular category.

(1) For commercial applicators, the minimum amount of approved training required shall be five hours. Of the five hours, at least one hour shall consist of core training material and at least one-half hour shall consist of training material specific to the pesticide-use category in which the commercial applicator is licensed.

(2) For private applicators :

(a) licensed in pesticide use categories other than the category of specialty uses, the minimum amount of approved training required shall be three hours. Of the three hours, at least one hour shall consist of core training material and at least one half hour shall consist of training material specific to each pesticide-use category in which the private applicator is licensed.

(b) licensed only in the category of specialty uses, the minimum amount of approved training required shall be three hours. Of the three hours, at least one hour shall consist of core training material.

(C) In no case shall an applicant be permitted to take an examination or a re-examination unless the applicant has presented at the time of the examination or re-examination current government-issued photographic identification to the ODA representative administering the examination or re-examination. This paragraph shall not apply to an applicant whose religion does not permit the applicant to be photographed.

Effective: 05/10/2010
R.C. 119.032 review dates: 02/23/2010 and 04/30/2015
Promulgated Under: 119.03
Statutory Authority: 921.16
Rule Amplifies: 921.12
Prior Effective Dates: 1-1-77; 2-1-94; 8-2-96; 10-29-98; 6-15-99; replaces
part of901:5-11-03, eff. 7-1-04