There are multiple enactments of 281.038
Effective - 01 Jan 2024, 3 histories
281.038. Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee. — 1. No individual working under the direct supervision of a certified commercial applicator shall determine the need for the use of or use any general use pesticide or minimum risk pesticide in categories as specified by regulation, unless and until the individual has met the requirements of sections 281.010 to 281.115.
2. Application for a pesticide technician's license shall be submitted to the director on a designated form obtained from the department. Each application shall include such information as prescribed by the director by regulation and shall be received by the director within forty-five days of employment of the pesticide technician or pesticide technician trainee.
3. The director shall not issue a pesticide technician's license until the individual has demonstrated the applicant's competence by completion of an approved training program to the satisfaction of the director.
4. The director may renew any pesticide technician's license under the classification for which that applicant is licensed subject to completion of an additional approved training program to the satisfaction of the director as prescribed by regulation.
5. The director shall collect a fee of thirty-five dollars for each pesticide technician license issued.
6. If the director finds the applicant qualified to use pesticides in the classification for which application has been made, the director shall issue a pesticide technician's license limited to the classifications for which the applicant is qualified, which shall expire one year from date of issuance unless the license has been revoked or suspended prior thereto by the director for cause. The director may limit the license 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 license is not issued as applied for, the director shall inform the applicant in writing of the reasons for such denial of license.
7. In order for pesticide technicians to use or determine the need for the use of any general use pesticide:
(1) A certified commercial applicator shall and must be licensed to work from the same physical location as the pesticide technician; and
(2) The licensed certified commercial applicator shall and must be certified in the same use categories as the pesticide technician as specified by regulation.
8. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location.
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(L. 1988 H.B. 1384, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26)
Effective 1-01-24, see § 281.102