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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7PESTICIDES
SUBCHAPTER HSTRUCTURAL PEST CONTROL SERVICE
DIVISION 2LICENSES
RULE §7.136Criteria and Evaluation of Technician/Noncommercial Certified Applicator Training

(a) The department must evaluate and approve Technician/Noncommercial Certified Applicator Training course programs. The course must be a minimum of six (6) hours and separate from other required apprentice or continuing education training. Each Technician/Noncommercial Certified Applicator Training Course submitted for approval must contain the following:

  (1) a copy of handout materials, if any, which will be distributed to participants during the course;

  (2) inclusive length of time of the course stated in hours and minutes;

  (3) date, time, and physical address of presentation; or if unknown, agreement to provide two (2) weeks' notice of each date of presentation;

  (4) a detailed course outline indicating the scope of the course and learning objectives (the course outline should follow the topics covered in the most recent Texas Pesticide Applicator General manual developed by Texas A&M AgriLife Extension);

  (5) the course provider's name, physical address, telephone number, email (if available), and company, organization or institution of higher learning affiliation; and

  (6) additional information as requested.

(b) Parts of courses which focus on promotion of products, policies, or procedures of a company, will not be considered as part of approved instruction time.

(c) Any person seeking approval of Technician/Noncommercial Certified Applicator Training course must submit the required information at least thirty (30) days prior to the first day of presentation. The department may waive this requirement due to extenuating circumstances.

(d) The department shall evaluate and recommend approval or denial within thirty (30) days from the date received.

(e) The course provider is responsible for establishing procedures for:

  (1) verification of completion, including accurately recording participant attendance throughout the stated class length;

  (2) awarding course completion certificates;

  (3) testing to verify a participant's comprehension of the subject matter presented;

  (4) the qualifications, competence, and performance of the authors, speakers, presenters, or instructors who produce or present its courses, and

  (5) preparation and administration of a self-study course examination.

(f) The minimum requirements to qualify as a speaker, course presenter, self-study course provider are:

  (1) a degree from a recognized institution of higher learning which pertains to the course being taught;

  (2) five (5) years' experience as an applicator certified by the department with a current license in the category to be taught;

  (3) verifiable proof of training and teaching experience within the preceding three (3) years; or

  (4) a combination of education, work related training, and teaching experience which would be equivalent to two (2) of the three (3) speaker qualification requirements, as determined by the department.

(g) If the course provider is required to make an unexpected change to an approved Technician/Noncommercial Certified Applicator Training course to include but not limited to the approved speaker, location, time, or date of course, the course provider must notify the department via email within 24 hours.

(h) If an approved Technician/Noncommercial Certified Applicator Training course needs to be cancelled for any reason, the course provider must notify the department by email within seven (7) days of cancellation.

(i) The Technician/Noncommercial Certified Applicator Training course provider must issue a certificate within twenty-one (21) days of the course to each participant completing the course. This document must include at least the following information:

  (1) participant's name;

  (2) apprentice registration number, if applicable, or driver's license number or state issued ID number;

  (3) name of course provider, company, or organization;

  (4) course title (Technician Training Course/Noncommercial Certified Applicator Training Course) and number; and

  (5) date and location of training.

(j) The course provider must maintain course completion records for two (2) calendar years after the calendar year in which the course was given and a list of participants must be forwarded to the department within twenty-one (21) days of completion of the training course. The list must include the name of the course provider, the course title, course number, name of participant, and apprentice registration number, if applicable.

(k) The course will be approved for a maximum of two (2) years.

(l) The department may re-evaluate or cancel a currently approved training course during the calendar year for failure to comply with the elements of the requirements of this section.

(m) Course providers who falsify information on course certificates provided to participants are subject to penalties, including and up to denial of department approval for future courses.


Source Note: The provisions of this §7.136 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129

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