Iowa Administrative Code
Agency 21 - Agriculture and Land Stewardship Department
Chapter 45 - Pesticides
Rule 21-45.52 - Continuing Instructional Courses for Pesticide Applicator Recertification
Universal Citation: IA Admin Code 21-45.52
Current through Register Vol. 47, No. 6, September 18, 2024
A certified private, commercial, noncommercial or public applicator may elect to renew the pesticide applicator certification by attending two hours of approved continuing instructional courses each year during the renewal period as specified in subrule 45.22(5) in lieu of passing an examination.
(1) Requirements for continuing instructional courses.
a. An approved continuing instruction course for
pesticide applicator recertification shall include, as a minimum, information
on safe handling, application and storage of pesticides; the correct
calibration of equipment used for the application of pesticides; effects of
pesticides upon groundwater; and the federal standards for pesticide applicator
certification outlined in
40 CFR 171.5 as
revised July 1, 1992, for private applicators or
40 CFR
171.4(b) and (c) revised as
of July 1,1992, for commercial applicators.
b. Instructional courses and materials for
recertification shall be developed or approved by the department in cooperation
with the Iowa Cooperative Extension Service in agriculture and home economics
of Iowa State University of Science and Technology. The instructional course
content shall be selected to cover the minimum standards outlined in
paragraph"a " of this subrule and presented in two-hour blocks
in three consecutive calendar years.
c. The instructional courses may be conducted
by the department, Iowa State University Cooperative Extension Service or other
persons interested in the application of pesticides as qualified under
45.52(2)"b."
d.
An instructional course offered by a college, university, industry association
or other organization may be approved for continuing instruction credit
provided the instructional course meets the minimum standards for certification
specified in paragraph"a " of this subrule.
e. Courses for approved continuing
instruction are not intended for the sale of products or services.
f. An approved instructional course shall
designate the certification categories that are eligible for continuing
instruction credit. A two-hour program may qualify for more than one
certification category. No credit shall be approved for persons not certified
in the corresponding categories.
(2) Provider approval. Provider means the person, industry association or other organization providing continuing instructional courses for pesticide applicator recertification. No course for continuing instruction credit shall be approved unless the provider has first registered with the department.
a.
Provider shall register with the department by providing the following
information on forms as provided by the department:
(1) Name and address of provider or
sponsoring organization.
(2) Name
and telephone number of the contact person.
(3) Names and qualifications of
instructors.
(4) Verification that
provider has acquired adequate audiovisual or other necessary equipment and
facilities conducive to a learning environment.
(5) Verification that all instructors are
qualified as provided in these rules.
(6) Verification that a current authorized
representative of the provider has completed a "train the trainer" course
sponsored by the department in cooperation with Iowa State University
Cooperative Extension Service.
b. Instructor qualifications. A qualified
instructor shall meet the following minimum requirements:
(1) Be current, knowledgeable and skillful in
the subject matter.
(2) As a
minimum the equivalent of a four-year degree or experience in teaching in the
specialized area within three years preceding the offering or one year of work
experience in the specialized area within three years preceding the
offering.
(3) Be knowledgeable of
the current state and federal pesticide laws and regulations.
(4) Upon receipt of the required information
and satisfactory verification that the provider and instructors have met the
requirements as outlined in paragraphs"a " and "b
" of this subrule, the department shall assign the provider a
registration approval number for each qualified instructor.
c. A person who is the instructor
of an approved continuing instructional course is entitled to the same credit
as a participant completing the subject but may receive such credit only once
in a calendar year, regardless of the number of times the person instructs the
instructional course.
(3)Course approval.
a. Any person, industry association or other
organization intending to provide an instructional course for continuing
instruction credit shall submit an application to the department for approval.
Requests received later than 30 days prior to the date the instructional course
is scheduled shall be disapproved.
b. The following information shall be
furnished on the request for approval of a continuing instruction course:
(1) Name and address of provider or
sponsoring organization.
(2) Name
and telephone number of the contact person for the provider.
(3) Course title.
(4) Whether the course is new, a repeat
course, or a revised course.
(5)
Course number, if course is repeat or revised.
(6) Date(s) course shall be
offered.
(7) Location(s) where
course shall be offered.
(8) For a
new or revised course, an outline of the course including a schedule of times
when subjects shall be presented. The topics covered in the course shall be
listed individually. Under each separate topic, a summary of the instruction
given and the material covered must be included.
(9) Names of instructors.
(10) Number of credit hours
requested.
(11) Signature of the
contact person.
c. Any
material changes in the instructional course as submitted to the department on
the request form and attachments shall automatically void the
approval.
d. A copy of all course
materials shall be provided upon request by the department.
e. A provider shall be notified indicating
approval or disapproval. Approved courses shall be assigned a course
number.
(4)Certificate of completion.
a. The department shall
adopt a standard certificate of completion form and provide the form to each
registered provider. The form shall include the applicator's name, name of
employer when applicable, course number, date and location of the course, the
category or categories the course has been approved for and the signature of
the course instructor.
b. Once a
course is approved, the provider shall furnish a certificate of completion to
each person who satisfactorily completes such a course. The certificate shall
be signed by the course instructor. Providers shall also maintain a list of all
persons who attend courses offered by providers for continuing instruction for
at least three years from the end of the year in which the courses are offered.
The list shall identify each participant by name, address and employer when
applicable.
(5)Provider's responsibility.
a. A provider of an
approved course is responsible for both the attendance of the participants and
their attention. During the approved instructional course, if the provider
finds that a participant is reading unrelated materials, sleeping, talking
excessively with a neighbor or is otherwise disruptive or inattentive, the
provider may refuse to grant the participant any credit for
attendance.
b. A provider may
require participants to preregister for an approved course. In the event a
provider cancels an approved course, the provider shall notify each individual
registered for the course in a timely manner but not less than three business
days prior, except as specified, to the scheduled date of the course.
c. A provider who cancels a course which did
not require participants to preregister shall notify prospective participants
in a timely manner. Notification for cancellation may be accomplished by a
similar means of communication as the original notification of the course
availability or any other generally accepted means of reaching the expected
target participants.
d. Minimum
lead time for participant notification of canceled courses shall be waived when
courses are canceled because of emergency conditions such as extreme weather
conditions, acts of God, military actions, or any other circumstance which is
deemed to be an emergency condition. Providers shall attempt to notify
prospective participants by public service announcements via radio or
television broadcasts which may provide this service.
e. A provider shall notify the pesticide
bureau of the department in a timely manner prior to the cancellation of an
approved course. Initial notice of cancellation may be made by telephone;
however, cancellations made by telephone shall be followed by written
verification.
f. Provider records.
The provider shall maintain a list of all persons who attend courses offered by
them for continuing instruction credit for at least three years from the end of
the year in which the courses are offered. The record system shall provide for
secure storage and retrieval of individual attendance and information regarding
each instructional course offering. The provider's record of continuing
instruction credits granted shall be available within two weeks upon request
from individual participants or from the department.
g. If the provider is not the instructor, the
provider shall inform the instructor of the instructor's responsibilities as
provided in this subrule.
(6) Enforcement-providers.
a. The department may, upon finding any one
or more of the following, revoke or suspend a provider's registration after an
opportunity for hearing:
(1) Advertising that
a course is approved, prior to approval;
(2) Presenting material not approved as
provided in subrule 45.52(1) during the time of an approved course;
(3) Failing to present a course for the total
time period specified in the request form submitted to the
department;
(4) Distributing
certificates of completion before the course has been completed;
(5) Refusing to issue certificates of
completion to any participant who satisfactorily completes an approved course,
except when 45.52(5) "a" applies;
(6) Failing to notify course registrants of a
cancellation pursuant to 45.52(5)"b " and
45.52(5)"c" ; or
(7) Utilizing instructors who are not
qualified as provided in these rules.
b. The department may suspend or revoke a
provider's registration after notice and opportunity for hearing pursuant to
21-Chapter 2, Iowa Administrative Code.
c. In addition, the department may require
any one or more of the following upon a finding of a violation of
paragraph"a " of this subrule.
(1) Upon receipt of an application to
reregister, provide evidence that all violations have been cured;
(2) Withdraw the possibility of course
approvals of courses sponsored by such provider for a set period of time or
indefinitely; or
(3) Any other
disciplinary action permitted by statute.
This rule is intended to implement Iowa Code Supplement section 206.5.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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