Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 17 - Combined Pesticide
Part 5 - PREREQUISITES FOR LICENSING
Section 35:30-17-11 - Application for license required

Universal Citation: OK Admin Code 35:30-17-11

Current through Vol. 42, No. 1, September 16, 2024

(a) Prior to issuance of any license, an applicant shall properly complete a license application.

(b) An application for license shall be considered properly filed when the Board has received the following:

(1) An application completed and signed prior to January 1 of the license year.

(2) Cash, check, or money order in the proper amount.

(3) Certificate of insurance.

(c) A commercial pesticide applicator operating under more than one business identity or name from a single business location shall be licensed separately for each business identity or name, including but not limited to any trade name, "d/b/a", website, alias, or other designation used in commerce for the purpose of offering services regulated by this subchapter .

(d) The application shall also list the natural person or legal entity lawfully permitted to do business in the State of Oklahoma using or operating under the licensed name.

(e) The Department shall issue a stop sale order and initiate license revocation proceedings against any person or legal entity that is not lawfully permitted to do business in the State of Oklahoma or is not permitted to do business in the State of Oklahoma under the business identity or name provided in the application.

(f) A commercial pesticide applicator with a single business identity or name but operating from more than one business location shall be licensed at each separate business location.

(g) If the name selected by an applicant for a license to act, operate, or do business or advertise as a commercial or noncommercial applicator in the State of Oklahoma is the same or so near the same as that of another licensee already doing business in the state as to cause confusion in the minds of the people or is likely to deceive the public, the Department may require the applicant to apply for a license under a different name that is distinguishable from the names of existing licensees. Any determination made pursuant to this rule shall be at the sole discretion of the Department.

(h) Each business location licensed shall have a minimum of one certified applicator at that location who is certified in each licensed category for which application is made.

(i) A franchised business shall have a separate license and a separate certified applicator at each business location.

(j) Established time periods for the issuance, renewal or denial of all certifications and licenses required by law shall be as follows:

(1) The Department shall review a new application within fifteen (15) working days from the date received.

(2) Any renewal application for certification or license received prior to the renewal date established by the Board shall be considered valid until a final determination is made.

(3) Following review, if it is determined that the requirements have been met, the appropriate certification or license shall be issued within ten (10) working days of the determination date.

(4) Following review, if it is determined that the requirements have not been met, the appropriate certification or license shall be denied. Notification of the denial shall be made in writing to the applicant within ten (10) working days of the determination. The notification shall state the reasons for the denial and identify steps necessary to meet the requirements for issuance.

Amended at 10 Ok Reg 37, eff 10-8-92 (emergency); Amended at 10 Ok Reg 1939, eff 5-27-93; Amended at 17 Ok Reg 1018, eff 5-11-00; Amended at 20 Ok Reg 801, eff 5-12-03; Amended at 22 Ok Reg 1034, eff 5-26-05

Disclaimer: These regulations may not be the most recent version. Oklahoma 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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