| rosters on file with the department. Credits obtained at a single
course cannot be split or divided between licensing periods.
(t) Except as provided in paragraph (1) of this subsection,
each commercial or noncommercial applicator must obtain at least five
CEUs prior to the expiration of the license. A minimum of one hour
each must be obtained from two of the following categories: integrated
pest management, laws and regulations or drift minimization.
(1) For commercial or noncommercial applicators certified
in the aerial application category, three of the required five CEUs
must be associated with aerial application operations to include one
CEU each in:
(A) laws and regulations;
(B) drift minimization; and
(C) pesticide safety activities addressing human factors.
"Human factors" in aerial application is the portion of the aerial
application mission which is guided or influenced by human characteristics.
This includes pre-flight, post-flight, and cockpit decision-making
that affects the safe operation of the aircraft, the pilot, farm workers,
bystanders, or those that may be affected by the aircraft during its
pesticide application mission.
(2) A commercial or noncommercial applicator may not
recertify using department-approved correspondence activities for
two consecutive years.
(u) An applicator who becomes unlicensed in any licensing
year may not be relicensed for 12 months unless all CEUs required
for the last year of licensing are completed. Until the 12-month period
has elapsed, applicators are prohibited from retesting under §7.22
of this chapter (relating to Licensing of Applicators).
(v) Private applicators must recertify as follows:
(1) Each licensed private applicator must obtain 15
CEUs within a five-year period including at least two CEUs in laws
and regulations and two CEUs in integrated pest management.
(2) Each licensed private applicator must obtain 15
CEUs prior to their license expiration date.
(3) Private applicators issued a certificate prior
to January 10, 1989, may fulfill their recertification requirement
on a one-time only basis by completing the Extension private applicator
training program, attaining a passing score on the private applicator
test, and obtaining a private applicator license. Certified private
applicators who choose not to license but wish to maintain certification
under a certificate issued prior to January 10, 1989, will be required
to recertify as specified for licensed private applicators in this
subsection.
(4) Private applicators have the option of forgoing
continuing education requirements for a recertification period by
following these procedures:
(A) Take and pass a comprehensive examination administered
by the department which will contain questions relevant to those topics
which would be covered at various continuing education activities.
A certificate of completion worth 15 CEUs will be issued by the department
upon a passing score being attained by the applicator.
(B) If the applicator fails the examination, subsequent
attempts will be allowed until a passing score is attained. If a passing
score is not attained, the applicator may obtain the required CEUs
pursuant to this subsection.
(C) Pay a required fee of $64 for the administration
of each recertification examination.
(5) A private applicator may not obtain more than 10
CEUs through correspondence activities in any five-year recertification
cycle.
(w) Failure to comply with the continuing education
requirements for commercial, noncommercial and private applicators
will:
(1) result in nonrenewal of an applicator's license
or certification until the necessary credits for continuing education
are attained;
(2) prohibit the applicator from retesting for a new
license in lieu of meeting recertification requirements until one
year after the expiration of the license;
(3) require the applicator to take and pass comprehensive
department examinations for general knowledge and for each category
in which the applicator seeks to be licensed if the applicator does
not recertify and renew in one year following the expiration of the
license;
(4) require retraining of a commercial, noncommercial,
or private applicator for categories or subcategories requiring special
training if the applicator does not recertify and renew in one year
following the expiration of the license; and
(5) subject a noncompliant applicator to administrative,
civil, or criminal penalties and/or license or certificate revocation,
suspension, modification, or probation for failure to comply with
continuing education requirements if the applicator operates under
a license that has not been renewed.
(x) An applicator may seek credit for a continuing
education activity that has not been submitted by the sponsor to the
department, and the department will evaluate the supporting documentation
of the course and assign the appropriate number of credits for the
activity. To be eligible for accreditation, the following conditions
must be met:
(1) the activity must contain course content of the
highest standards;
(2) the activity must be sponsored by an in-state or
out-of-state institution of higher education, or an out-of-state regional
or national association, or the state or federal government;
(3) the activity must be in an area directly related
to the activities of a commercial, noncommercial, or private applicator;
(4) the applicator shall provide the department with
sufficient information describing activity content including the time
allotted to each aspect of the activity, identification of the sponsor,
the instructor's name and address, proof of attendance, and date,
time, and place of the activity; and
(5) the information for the desired credit must be
submitted within 60 days after completion of the activity.
(y) An applicator may file a written request for an
extension of time for compliance with any deadline in these rules.
Such request for extension may be granted by the department if the
applicator files appropriate documentation to show good cause for
failure to comply timely with the requirements of this subsection.
Good cause means illness, extended medical disability, military deployment,
or other extraordinary hardship which is beyond the control of the
person seeking the extension.
(z) Applicators licensed as both private and commercial
or noncommercial may satisfy requirements for private applicator recertification
by meeting the recertification requirements for commercial and noncommercial
applicators.
|
| Source Note: The provisions of this §7.24 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective May 4, 2008, 33 TexReg 3569; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286 |
