(a) A licensee who fails to file a complete application
for renewal on or before the license expiration date must pay a late
fee as prescribed by the Code, Chapter 12.
(b) The license of a person who fails to timely file
a complete application for renewal is invalid until a completed application
and any required late fee has been received by the department. A person
who applies a restricted-use or state-limited-use pesticide or regulated
herbicide during a period when the person's license is invalid may
be assessed administrative penalties in addition to any required late
fee.
(c) If a complete application for renewal of a commercial,
noncommercial, or private applicator's license is not submitted within
one year after the expiration of the license, the license will be
deemed to be terminated voluntarily and a renewal application will
not be accepted. Before being licensed again, the applicator must
meet the requirements for a new license.
(d) Pursuant to the Act, §76.113, the head of
the licensing agency in determining whether additional training shall
be required of current licensees before renewal of their applicator
license may consider changes in technology, pesticide related problems,
or the performance of individual applicators. If general retraining
and/or retesting is required for all applicators in a category or
subcategory, the licensing agency will publish notice at least six
months in advance of the license renewal date. If individual retraining
and/or retesting is required as a result of the applicator's performance,
the agency may give notification and set a time and place of retraining
that would be in the best interest of public health and environmental
protection.
(e) Military service members or military veterans as
defined in Texas Occupations Code, Chapter 55, will be credited with
experience equivalent to the pre-license requirements of §7.21(b)(4)(A)
- (F) of this chapter (relating to Applicator Certification).
(f) License applications of military spouses, as defined
in Texas Occupations Code, Chapter 55, shall be processed on an expedited
basis.
(g) If a qualified military spouse applicant holds
a current license issued by another jurisdiction and licensing requirements
of that jurisdiction are substantially equivalent to the licensing
requirements of the department, the department shall issue the applicant
a license. For purposes of this subsection, substantially equivalent
means:
(1) the requirements of the other jurisdiction require
written, proctored examinations for initial certification for the
same type of pesticide applicator license being requested;
(2) the other jurisdiction has a state pesticide plan
approved by the EPA; and
(3) the department has a current reciprocal agreement
with the issuing jurisdiction for pesticide licensing.
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Source Note: The provisions of this §7.25 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective January 29, 2014, 39 TexReg 396; amended to be effective March 9, 2023, 48 TexReg 1286 |