Certifications and licenses -- Application; issuance; term; renewal.

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    (a)    To apply for certification as a nutrient management consultant, an applicant shall:

        (1)    Submit to the Department an application on the form the Department requires; and

        (2)    Pay to the Department the certification fee stated in § 8-806 of this subtitle.

    (b)    The Department shall certify any individual who:

        (1)    Meets the requirements of this subtitle;

        (2)    Meets the Department’s educational requirements, including a program on the proper application of nutrients;

        (3)    Passes a Department approved examination; and

        (4)    (i)    Is employed by a person licensed under this subtitle; or

            (ii)    Holds a license as required by this subtitle.

    (c)    To apply for a license an applicant shall:

        (1)    Submit to the Department an application on the form the Department requires; and

        (2)    Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.

    (d)    The Department shall license a person who meets the requirements of this subtitle.

    (e)    A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

    (f)    The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

        (1)    Submits a renewal application on the form that the Department requires;

        (2)    Pays to the Department the applicable fee stated in § 8-806 of this subtitle;

        (3)    Complies with applicable continuing education requirements;

        (4)    Complies with applicable record keeping and reporting requirements; and

        (5)    Otherwise is entitled to be certified or licensed.

    (g)    (1)    The Department may issue a farm operator’s plan development certificate to a person operating a farm for the development of that person’s own nutrient management plan.

        (2)    The certificate is valid provided the person operating the farm:

            (i)    Has paid the one-time fee provided in § 8-806 of this subtitle;

            (ii)    Has passed an examination as determined by the Department;

            (iii)    Complies with applicable continuing education requirements;

            (iv)    Complies with applicable record keeping and reporting requirements; and

            (v)    Otherwise is entitled to be certified.

    (h)    A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:

        (1)    Implementation of the Phosphorus Management Tool developed by the University of Maryland; and

        (2)    Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.

    (i)    In addition to any penalty authorized under § 8–805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.


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