                                 CODE OF VIRGINIA

APPLICATION AND CERTIFICATION OF COMMERCIAL APPLICATORS (§ 3.2-3930)

A. No person shall use (except under supervised conditions of training for
certification) or supervise the use of any pesticide in exchange for
compensation of any kind other than the trading of personal services between
producers of agricultural commodities without first obtaining certification as
either a commercial applicator or registered technician in accordance with
regulations adopted by the Board. Application for a commercial
applicator&#8217;s or registered technician&#8217;s certificate shall be made in
writing to the Commissioner. Each application for a certificate shall contain:
(i) information regarding the applicant&#8217;s qualifications and proposed
operations; (ii) the classification or classifications the applicant is applying
for; (iii) the full name of the applicant or, if the applicant is a member of a
firm or partnership, the names of the principal officers of the association,
corporation, or group; (iv) the principal business address of the applicant in
the Commonwealth and elsewhere; and (v) any other information required by the
Commissioner.

B. The Commissioner shall not issue a commercial applicator&#8217;s or
registered technician&#8217;s certificate until the individual who uses or
supervises the use of any pesticide is certified by: (i) presenting proof of
completion of a training course approved by the Board and appropriate to the
desired classification; and (ii) passing a written examination.

C. Each commercial applicator and registered technician shall be required to
renew his certification biennially subject to payment of the required fee and
presentation of proof of completion of a Board-approved recertification course.
Reexamination or special examination may be required by the Board of any person:
(i) whose certification has been suspended, revoked, or modified pursuant to
subsection B of &#xA7; 3.2-3940; (ii) if significant technological developments
have occurred requiring additional knowledge; (iii) when required by additional
standards established by the U.S. Environmental Protection Agency; (iv) when
applying for a different classification of certification; or (v) when required
by regulations of the Board. In the event that reexamination is required, the
fee shall be no greater than that imposed for initial certification.

D. The Commissioner shall issue a certificate for classifications for which the
applicant is qualified if he finds the applicant meets the requirements to apply
pesticides in any of the classifications he has applied for; and, if the
applicant is applying for a certificate to engage in aerial application, has met
all of the requirements of the Federal Aviation Agency, the Department of
Aviation of the Commonwealth, and any other applicable laws. The Commissioner
may limit the certification 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 certificate is not issued as applied for, the Commissioner
shall inform the applicant in writing of the reasons within 30 days. Copies of
such action shall be reported to the Board.

HISTORY: 1975, c. 377, § 3.1-249.4; 1989, c. 575, § 3.1-249.52; 1993, c. 773;
2008, c. 860.