Section R3-3-205. Custom Applicator License; Examination; Fee; Renewal

A.      A person shall not act as a custom applicator without a valid custom applicator license issued by the Department.

B.       A person applying for a custom applicator license, initial or renewal, shall provide the following information on a form obtained from the Department:

1.        Name and signature of the applicant;

2.        Date of the license application;

3.        Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the busi- ness under subsection (C);

4.        Tax identification number of the business;

5.        License renewal period;

6.        Whether the application is for ground or air custom appli- cation, or both;

7.        Names and current certification numbers of the commer- cial applicators employed by the business, as prescribed in subsection (C)(1);

8.        Evidence of insurance coverage, showing the name of the insurance carrier, policy number, policy term, policy lim- its, and any applicable exclusions; and

9.        Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation.

C.      The Department shall not issue or renew a custom applicator license and an existing custom applicator license is invalid unless the applicant or license holder:

1.        Is a commercial applicator or employs at least one indi- vidual who is certified as a commercial applicator under R3-3-208;

2.        Maintains or the business that employs the applicator or license holder maintains public liability, drift, and prop- erty damage insurance coverage with an aggregate amount of at least $300,000 during the licensing period. The applicant or license holder shall provide evidence of insurance coverage to the Department upon initial appli- cation, for each renewal, or upon request of the Depart- ment; and

3.        Files with the Department a copy of the commercial applicator’s valid Federal Aviation Administration com- mercial agricultural aircraft operator’s certificate, if using aircraft. If not already on file with the Department, an applicant or license holder shall submit a copy of the cer- tificate with the completed application form.

D.      A custom applicator license holder may:

1.        Temporarily relinquish a custom applicator license if the custom applicator:

a.         Advises the Department of termination of the insur- ance prescribed in subsection (C)(2), and the effec- tive date of termination; and

b.        Ceases to act as a custom applicator on the termina- tion date.

2.        Reinstate the custom applicator license within the same licensing time period, without again paying the fee as prescribed in subsection (E), if the custom applicator:

a.         Purchases insurance as prescribed in subsection (C)(2), and

b.        Notifies the Department of the effective date of the insurance.

E.       The applicant shall submit the completed application to the Department, accompanied by a $100 fee for each year, or por- tion of the year during which the license is valid.

F.       A custom applicator license is not transferable, expires on December 31, and is valid for one or two years, depending on the renewal period selected by the applicant.

G.      Examinations.

1.        The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3- 3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 per- cent on the written examination administered by the Department:

a.         Calibration of application equipment;

b.        Aerial application procedures, if applicable; and

c.         Ground application procedures, if applicable.

2.        An individual who fails the examination may retake it no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

H.      Renewal; expired license.

1.        An applicant may renew an expired license without retak- ing the written examinations in subsection (G) under the following conditions:

a.         The applicant submits the completed application and fee within 30 days after the expiration date, and

b.        The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2.        All other applicants for renewal shall retake the written examinations prescribed in subsection (G).

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-205 (Supp. 91-4). Former Sec- tion R3-3-205 renumbered to R3-3-206; new R3-3-205 renumbered from R3-3-204 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004

(Supp. 04-1).