Current through Register No. 40, October 3, 2024
(a) To
be eligible to apply for a supervisory registration certificate, as defined in
Pes
101.35, the applicant shall satisfy one or more of the
following requirements:
(1) The applicant
shall have:
a. Been registered at the
operational level for 3 years;
b.
Been actively working in the field for 3 years under the supervision of a
person registered at the supervisory level; or
c. Held a supervisory registration
certificate-general use, as defined in
Pes
101.36, for 3 years, with the exception
thatanF2supervisory registration certificate-general usepursuant to
Pes
101.36 shall not qualify for eligibility under this
provision;
(2) The
applicant shall be a graduate of a recognized college or university at which he
or she majored in entomology, plant pathology, forestry, fruit, berry, and
vegetable growing or in other fields requiring training in biological
principles, including the use and application of pesticides, and:
a. Shall have been registered at the
operational level for at least one growing season or shall have been actively
working under a person registered at the supervisory level or under the
direction of a person professionally qualified at or above such a level, for
this period of time; or
b. Shall
have held a supervisory registration certificate-general use, as defined in
Pes
101.36, for at least one growing season, with the
exception thatanF2supervisoryregistration certificate-general usepursuant to
Pes
101.36 shall not qualify for eligibility under this
provision;
(3) The
applicant shall be a graduate of a 2-year school of agriculture or a technical
institute majoring in the fields noted in Pes 303.01(a)(2) and:
a. Have been registered at the operational
level for at least one year or actively working for at least one growing season
under the supervision of a person registered at the supervisory level or under
the direction of a person professionally qualified at or above such a level;
or
b. Have held a supervisory
registration certificate-general use, as defined in
Pes
101.36, for at least one growing season, with the
exception thatanF2 supervisory registration certificate-general use pursuant to
Pes
101.36 shall not qualify for eligibility under this
provision; or
(4) The
applicant shall have had at least one year of practical experience as described
under Pes 303.01(a)(2)a. and b. or Pes 303.01(b)(2), plus the equivalent of 2
additional growing seasons of experience that shall consist of any of the
following:
a. Practical experience as
described under Pes 303.01(a)(2)a. and b., Pes 303.01(b)(2), or both;
b. Educational experience pertaining to the
use of pesticides, which may include courses associated with the fields of
study listed in Pes 303.01(a)(2) or other forms of education as specified under
Pes 303.01(b)(1), where one year of educational experience is equivalent to one
year; or
c. Any combination of such
practical experience and educational experience totaling the equivalent of 2
growing seasons.
(b) In determining the qualifications of an
applicant pursuant to paragraph (a), the division shall give credit toward the
experience requirements to equivalent types of educational or practical
experience, including:
(1) Other forms of
educational experience, which shall include but not be limited to seminars,
short courses, correspondence courses, conferences and training meetings;
and
(2) Other forms of practical
experience, which shall include but not be limited to holding a private
applicator restricted-use permit, or working for a person who holds such a
permit in a capacity that involves the use of pesticides.
(c) Credit applied toward experience
requirements pursuant to Pes 303.01(a) shall be determined as follows:
(1) In the case of educational experience:
a. Credit shall be based on the number of
contact hours, where one contact hour means a minimum of 50 minutes of
organized learning;
b. Any
designation of credit for courses other than contact hours, such as academic
credit or continuing education units, shall be converted to contact hours using
the method of conversion of the institution or entity granting credit;
and
c. One hundred contact hours
shall be equivalent to one year as pertains to the requirements under Pes
303.01(a)(4); and
(2) In
the case of practical experience pursuant to Pes 303.01(b)(2):
a. Where the applicant has held a private
applicator restricted-use permit, one growing season of credit shall be applied
toward experience requirements for each year that the applicant held such
permit; or
b. Where the applicant
did not hold a restricted-use permit, but worked for a restricted use permit
holder in a capacity that involves pesticides, one year of credit shall be
applied toward experience requirements for every 2 years of experience working
for a restricted-use permit holder.
(d) To be eligible to apply for a supervisory
registration certificate-general use, as defined in
Pes
101.36, a person shall have completed
category-specific training as described under Pes 303.01(e), for each category
in which registration is being sought.
(e) Training seminars pursuant to Pes
303.01(d) shall:
(1) Have been reviewed by the
division of pesticide control to determine whether such seminars meet the
standards specified under Pes 303.01(h);
(2) Consist of contact hours as described
under Pes 303.01(c)(1) where:
a. No fewer
than 8 contact hours per category shall consist of category-specific
instruction;
b. The categories
shall be limited to C1, F8, G1, G2, B, and F2 as specified under
Pes
302.01; and
c. No fewer than 8 contact hours shall
consist of general instruction, including but not limited to the following
subject matter:
1. Label
interpretation;
2.
Safety;
3. Proper use of personal
protective equipment;
4.
Calibration;
5. Rules and
regulations;
6. Environmental
considerations; and
7. Any other
information related to the safe and effective use of pesticides; and
(3) Be conducted by the
University of New Hampshire cooperative extension, industry groups, pesticide
manufacturers or other parties or organizations with expertise in pesticide
applications related to Category C1, F8, G1, G2, B, and F2 upon approval by the
division pursuant to Pes 303.01(h), with the understanding that a member of the
division of pesticide control shall be allowed to attend and monitor such
training seminars.
(f)
Requests for review of training seminars pursuant to Pes 303.01(e)(1)shall:
(1) Be made on a "Supervisory Registration
Certification General Use Training Request" form provided by the
division;
(2) Include the following
information on the form:
a. The training
seminar title, date, and location, as applicable;
b. The training seminar sponsor and the name
and phone number of the contact person;
c. An agenda for the seminar;
d. Biographical sketches of instructors,
including qualifications pursuant to Pes 303.01(h)(4); and
e. A summary of the topics to be presented
pursuant to Pes 303.01(e)(2);
(3) Be signed and dated by the seminar
sponsor; and
(4) Have been received
by the division:
a. No less than 30 days in
advance of the seminar; or
b. At a
time less than 30 days in advance of the seminar where circumstances, as
determined by the division, would necessitate a shorter lead time, such as
circumstances,including:
1. Matters related
to public health and safety;
2.
Matters related to invasive species;
3. Matters related to outbreaks of insects or
diseases; or
4. Other circumstances
that, in the judgment of the division, demand immediate attention.
(g) All
findings by the division as to whether a seminar proposal meets the standards
under Pes 303.01(h) shall be in writing, stating the reasons for the
finding.
(h) The division shall
find seminars to have met the standards necessary to provide attendees an
acceptable level of competency, for the purpose of being considered eligible to
apply for a supervisory registration certificate-general use, as defined under
Pes
101.36, where:
(1)
The application contains all of the information specified under Pes
303.01(f)(2);
(2) The application
is received by the division in accordance with Pes 303.01(f)(4);
(3) The training regimen satisfies the
provisions under Pes 303.01(e)(2); and
(4) The person or persons presenting the
subject matter have qualifications relating to the appropriate category of
certification and other subject matter under Pes 303.01(e)(2)b -c, where said
qualifications are assessed on the basis of:
a. Formal education with degrees or
diplomas;
b. Research experience;
and
c. Practical
experience.
(i) Pursuant to training seminars under Pes
303.01(d), the division shall accept written certificates of attendance as
verification of completion of such training where:
(1) Said certificates are issued by the
contact person named under Pes 303.01(f)(2)b;
(2) Said certificates contain:
a. The name and address of the
attendee;
b. The name and date of
the training seminar;
c. A
statement that the named attendee was a participant in the training seminar and
satisfied any and all obligations, if any, imposed upon attendees, such as
participation in hands-on exercises or other practical training
elements;
d. The signature of the
training seminar sponsor; and
e.
The signature of the attendee; and
(3) A list of attendees to the seminar has
been provided by the seminar contact person to the division.
(j) The educational and practical
experience required in this section shall be directly related to the category
of registration for which the applicant has applied.
(k) A summary of the educational and
practical experience pertinent to each category of registration sought shall be
submitted to the division by the applicant on a "Resume Form - Supervisory
Level Exam Requirement (resume form)" provided by the division.
(l) The applicant shall include the following
information on the resume form pursuant to (k) above:
(1) Name;
(2) Address;
(3) Firm to be employed by;
(4) Categories of registration
desired;
(5) History of experience
as a licensed applicator including:
a. The
number of years licensed;
b. Any
other states the applicant is licensed in; and
c. Any other categories of licensing the
applicant holds;
(6)
Educational experience pertinent to each desired category of
registration;
(7) Employment
experience relative to each desired category of registration;
(8) Names of supervisors or employees under
whom the applicant has worked; and
(9) In the case of an applicant for a
supervisory registration certificate-general use as defined under
Pes
101.36, a listing of training seminars attended
pursuant to Pes 303.01(e), accompanied by a written certificate of attendance
as described in Pes 303.01(i)(1)-(2) for each such seminar completed.
(m) The principle supervisory
license holder shall provide a signature and date on the resume form pursuant
to paragraph Pes 303.01(k).
(n) A
person who submits a valid written certificate of attendance as described under
Pes 303.01(i) shall be deemed eligible to apply for a supervisory registration
certificate-general use pursuant to Pes 303.01(d).
(o) Within 30 days of receipt of applicant's
resume form the division shall communicate to the applicant, in writing, its
finding as to whether or not said applicant has satisfied the eligibility
requirements of Pes 303.01.
(p)
Persons applying for registration as commercial applicators not for hire as
defined in
Pes
101.06 shall be exempt from the requirements of Pes
303.01(a).
(q) The division shall
deny seminar requests in writing within 21 days of receipt of the request if
the standards pursuant to Pes 303.01(h) are not met.
#741, eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781,
eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059,
eff 5-30-04; amd by #9924-A, eff 5-10-11, (paras (a)-(e), (f)(3), (g)-(k),
& (m)-(o)); amd by #9924-B, eff 5-10-11, (paras (f)(1)-(2) & (l));
#10198-B, eff 10-3-12
