Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
026 - BOARD OF PESTICIDES CONTROL
Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS
Section 026-31-6 - Licensing
Current through 2024-13, March 27, 2024
A. All Commercial Applicators required to be certified under this chapter and state pesticide law shall be licensed before using or supervising the use of pesticides as described in Section 1(A).
B. Nonresident licenses. When the staff determines that a pest management emergency exists which necessitates the use of aerial application and for which there are not sufficient qualified Maine licensees, it may issue a license without examination to nonresidents who are licensed or certified by another state or the Federal Government substantially in accordance with the provisions of this chapter. Nonresident licenses issued pursuant to this section are effective until December 31 of the year in which they are issued.
C. Application. Application for a commercial applicator license shall be on forms provided by the Board.
D. Fee. At the time of application, the applicant must tender the appropriate fee as follows:
E. Commercial applicators who apply pesticides for hire (custom applicators) and operate a company that is incorporated or which employs more than one applicator (licensed or unlicensed) must comply with Chapter 35, Certification & Licensing Provisions/Spray Contracting Firms which requires an additional Spray Contracting Firm License.
F. Insurance. Commercial applicators who spray for hire (custom applicators) shall be required to have liability insurance in force at any time they make a pesticide application.
a. |
Ground applicators |
Public liability |
$100,000 each person |
$300,000 each occurrence |
|
Property damage |
$100,000 each occurrence |
b. |
Aircraft applicators |
Public liability |
$100,000 each person |
$300,000 each occurrence |
|
Property damage |
$100,000 each occurrence |
G. Reports. Annual Summary Reports described in Chapter 50, Section 2(A) must be submitted for each calendar year by January 31 of the following year. In the event a required report is not received by the due date, the person's license is temporarily suspended until the proper report is received or until a decision is rendered at a formal hearing as described in 22 MRSA §1471-D(7).
H. Expiration
I. Decision. Within 60 days of receipt of application by the Board, unless the applicant agrees to a longer period of time, the Director shall issue, renew or deny the license. The Director's decision shall be considered final agency action for purposes of 5 M.R.S.A. §11001 et seq.
J. Credentials Contact. Licenses issued under this rule will include the following information: