(a) All applicators must meet recertification requirements
through completion of approved continuing education activities.
(b) Approved activities may include lectures, panel
discussions, organized video or film with live instruction, field
demonstrations, or other activities approved by the department.
(c) Each activity must be approved by the department.
No activity may claim to be approved or accepted by the department
or use any other such term that would lead an applicator to believe
that it has been approved by the department for recertification unless
it is so approved.
(d) The department shall assign one continuing education
unit (CEU) for each 50 minutes of net actual instruction time presented
at an approved activity. Accreditation will consist of no less than
one CEU for any given course or session. Accreditation in one-half
CEUs may be allowed as determined by the department.
(e) To be eligible for approval, the department will
require:
(1) that the activity have significant educational
or practical content to maintain appropriate levels of competency;
(2) that the activity be conducted by a university,
a governmental agency, an association, or a private independent nonapplicator
business;
(3) that each activity has a recordkeeping procedure
for verifying applicator attendance using department forms or approved
formats;
(4) that activities cover one or more of the following
topics pertaining to pesticides:
(A) label and labeling comprehension;
(B) safety factors;
(C) environmental consequences;
(D) pest features;
(E) integrated pest management strategies/pest management
practices;
(F) pesticide factors;
(G) equipment characteristics;
(H) application techniques/drift minimization;
(I) laws and regulations;
(J) biotechnology/transgenic crops; or
(K) business ethics; and
(5) the activity is able to comply with all applicable
federal and state laws, including the Americans With Disabilities
Act (ADA) requirements for access to activities.
(f) The department may consider for approval "correspondence
activities" such as videos, interactive internet, and/or other activities
approved by the department. To be eligible for approval the department
will require:
(1) that the course sponsor complies with the specifications
and requirements listed under subsections (a) - (e) of this section;
and
(2) that the activity include an open book measure
of competency approved by the department.
(g) For commercial and noncommercial applicators only,
the department may consider for approval, an intensive specialized
training, equivalent to a maximum of a three-year recertification
credit. Correspondence activities will not be allowed for this method
of acquiring CEUs.
(h) Prior approval shall not be required for applicator
recertification courses of up to three CEUs conducted by Extension
faculty or department personnel for any pesticide applicator, provided
that all other requirements for course content and records are met.
The department may enter into a memorandum of agreement with Extension
regarding the specific requirements for applicator recertification.
Correspondence activities are excluded from this provision.
(i) Department personnel may monitor all approved activities,
and all fees charged by the sponsor shall be waived for department
personnel who monitor the recertification activity.
(j) The department may deny, revoke, or refuse to renew
approval for any or all courses of a sponsor if the sponsor fails
to file a timely activity report, fails to provide the quality of
activity approved by the department, or fails to comply with any other
requirements that are a basis for approval or that are a part of these
rules.
(k) The department may enter into a memorandum of agreement
with another state or non-profit professional society or association
to recognize the state's pesticide applicator recertification or the
society's professional recertification for satisfaction of the requirements
of this section for commercial, noncommercial, and private applicator
recertification only if:
(1) the standards for recertification meet or exceed
the standards for the one-year or five-year recertification periods
as set out in this section; and
(2) the agreement reduces duplication of effort and
does not increase the recordkeeping burden of the department.
(l) Each continuing education activity shall be approved
for one calendar year only.
(m) In order for a recertification activity to be approved
by the department, the sponsor must:
(1) submit a completed department-prepared application
form;
(2) provide any additional material relevant to the
activity which is requested by the department; and
(3) submit the application and information required
by the department at least 30 days in advance of the first date of
the activity. The department may waive the 30-day provision providing
all other requirements are met. The department will respond to the
sponsor within ten days of receipt of the application and approve,
reject, or request additional information.
(n) Sponsors who wish to continue approval must file
for renewal annually on a form prepared by the department.
(o) Sponsors of approved activities shall:
(1) prepare a roster of applicators who complete the
activity which contains, at a minimum, the date, course number, number
and type of accredited CEU(s), the pesticide applicator's name and
current license or certificate number, the name and contact information
of the course provider, and the location of the training;
(2) distribute a completion certificate at the time
of the activity to applicators who successfully complete an activity,
which shall indicate the name of the sponsor, the date, county and
name of the activity, the amount and type of credit earned, and the
assigned course number;
(3) provide the activity rosters to the department
within 14 days after the end of an activity. The rosters must be on
department forms or department approved format;
(4) ensure that CEUs awarded correspond proportionately
to the net instruction time; and
(5) maintain activity rosters for a period of two years
from the date of activity. Rosters are to be made available to the
department upon request.
(p) Sponsors of approved correspondence activities
shall:
(1) prepare a roster of applicators who complete the
activity which contains, at a minimum, the date, course number, number
and type of accredited CEU(s), the pesticide applicator's name and
current license or certificate number, the name and contact information
of the course provider, and the location of the training;
(2) distribute a completion certificate in a timely
manner to applicators who successfully complete an activity, which
shall indicate the name of the sponsor, the date, county and name
of the activity, the amount and type of credit earned, and the assigned
course number;
(3) provide the activity rosters to the department
within 14 days after the end of an activity. The rosters must be on
department forms or in a department-approved format;
(4) ensure that CEUs awarded correspond proportionately
to the net instruction time;
(5) ensure the establishment of procedures to prohibit
an individual from repeating the sponsor's course in two consecutive
recertification periods; and
(6) maintain activity rosters for a period of two years
from the date of activity. Rosters are to be made available to the
department upon request.
(q) Governmental agencies may enter into an agreement
with the department for annual submission of recertification records
of agency employees attending a recertification program approved for
the agency by the department.
(r) No credit will be given for time used to promote
the sponsor or other activities of the sponsor or for time used for
organizational, political, procedural, or other nonrelevant activities.
(s) Applicators will recertify through a self-certification
program. Each applicator will be required to maintain proof of the
number of CEUs necessary to renew a license or certificate. Certificates
of completion verifying attendance at approved activities during the
previous licensing period must be maintained by the applicator for
a period of 12 months after the most recent renewal of their license
or certificate. The department may audit the CEUs an applicator has
obtained during an onsite inspection or by letter requesting that
copies of certificates of completion be mailed to the department.
Certificates of completion will be compared with course attendance
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