Section 9.05 - Procedures for Licensing Pesticide Dealers(1)Applicants. Any individual seeking a dealer's license must be at least 18 years of age as of the date of the examination.(2)Examination. No person shall be granted a pesticide dealer's license unless he shall have satisfactorily passed a written, and, in addition, if necessary, an oral, examination to determine his knowledge of: Pesticide label; state and federal laws governing his sale, storage and distribution of restricted and state limited use pesticides; effectiveness of pesticides; classifications of pesticides; related dangers and necessary precautions for the handling of pesticides; and disposal of pesticides. However, the examination requirement shall not apply to a manufacturer, registrant or distributor who has no fixed distribution center or sales representative within the Commonwealth but who wishes to distribute restricted or state limited use pesticides directly to certified applicators. In lieu of an examination, such applicants shall submit a form attesting to knowledge of Massachusetts and Federal laws governing distribution and agreeing to be bound by Massachusetts laws; evidence of being licensed by the pesticide control agency of their state; and shall complete all requirements of the Department relative to licensing, including payment of appropriate fees, with exception of taking the examination. The Department may waive all or part of the examination requirement upon receipt of evidence from the applicant of having successfully passed a comparable examination in another jurisdiction. (a)Application for Examination. Application shall be made on forms supplied by the Department and shall contain such information as the Department requires. The application shall be filed in person or by mail at the offices of the Department. The required dealer's license application fee shall accompany the application. Applications must be received by the Department five business days prior to the test date. No one will be allowed to take the examination if his application and fee is received after the applicable cutoff date, unless this requirement is waived by the Department. Late or incomplete applications will be returned to the applicant.(b)Examination Fee. A fee shall be charged for each core, class, category or subcategory examination. The fee shall be paid by check or money order payable to the Commonwealth of Massachusetts.(c)Written Examination Rules. The following examination rules will prevail and violation of any part will be considered grounds for disqualification of the applicant: 1. Time allowed for examinations will be set forth in the instructions to examinees.2. The copying of questions or the making of notes relative thereto is prohibited.3. No applicant shall be permitted to remove from the examination room copies of the examination prior to or subsequent to the examination.4. Examinees shall not leave the examination room for any reason until they have turned in to the proctor conducting the examination the complete examination papers.5. Exams shall be closed book; the use of books or notes will not be allowed.6. Additional rules the Department deems necessary.(d)Notification of Results. Results of the examination shall be mailed to the applicant within a reasonable time.(e)Re-examination. After a failed examination, an applicant may file an application for the next available date for re-examination with the appropriate fee. An applicant who fails the exam twice must wait three months before applying for that exam. If an exam candidate fails any exam three times, the candidate will be required to wait one year before applying for it again.(f)Examination Not to be Returned. The examination papers written by the applicant will not be returned to the applicant but will be available for review at the offices of the Department.(3)Licensing.(a)Application for Certification or License. An applicant who has been notified of passing the examination must file an application for certification or licensing within one year from the date of notification. The application shall be made on forms supplied by the Department, shall contain such information as the Department shall require and shall be accompanied by the appropriate certification or license fee. If an application is not made within the specified period of time, the applicant shall be required to file a new application for examination, pay the prescribed fee and satisfactorily pass the examination, prior to being certified or licensed. The time limit may be waived by the Department for good cause.(b)Fee. A fee shall be paid prior to the issuance of each initial license document and at the time of each annual renewal. Fees shall be paid by check or money order payable to the Commonwealth of Massachusetts.(c)Duration of License. An initial license shall be valid for a period beginning with the actual date of issuance and ending on March 1 unless it has been modified, revoked or suspended prior thereto by the Department. Thereafter, the license year will extend from March to February 28 or 29 and each license must be renewed annually by March 1. In the event that an individual files with the Department an application to renew a license which is in effect on the date of an application for renewal and pays the appropriate fee therewith, such license shall be deemed to be in effect until the earlier of the following two events shall occur: 90 days have elapsed after the certification or license was scheduled to expire; or the Department notifies the applicant that the license has been renewed, modified or denied. (d)Restrictions on License. Any license may at any time be further limited or restricted as the department deems necessary.(e)Renewal of License. Forms for the renewal of a license will be mailed to holders at least 30 days prior to the due date. Licenses may be renewed annually for up to three years without re-examinations or retraining provided, 1. The conditions under which the original license was issued have not changed, and that the certification or license has not been allowed to lapse, unless the lapse has been waived by the Department for good cause.2. The Department may at any time require additional instruction or examination as it deems necessary to meet changed conditions or to protect human health or the environment.(f)Retraining Requirements. All licensed dealers must, at the end of a three year period be relicensed either by reexamination or by attendance, within the three year period, at training programs approved by the Department, to: 1. Ensure that they continue to understand the changing technology covering uses for products which they distribute,2. Ensure that they maintain a continuing level of competence and ability to use pesticides safely and properly; and,3. Ensure that they are familiar with changes in federal and state statutes and regulations.(f) Three contact hours will be required within a three year period for relicensure by attendance at department approved training programs. A contact hour will equal 50 consecutive minutes of training.
(4)Continuing Education Provider Standards. (a)Learner Objectives. Objectives shall be written and be the basis for determining content, learning experience, teaching methodologies, and evaluation.(b)Subject Matter. Appropriate subject matter for continuing education purposes shall include, but not be limited to, one or more of the following: 1. Applicable State and Federal Laws and Regulations2. Integrated Pest Management3. Non-chemical Alternatives4. Groundwater Protection7. Pesticide Impact on Human Health8. Pesticide Label and Labeling Comprehension9. Acute and Chronic Toxicity(c) Employees orientation or in-service presentations concerning standard operating procedures specific to the employing agency shall not be accepted for continuing education purposes.(d) Subject matter shall be described in outline form and shall include learner objectives, content, time allotment, teaching methods, faculty and evaluation format.(e)Methods of Obtaining Contact Hours. Workshops, lectures and seminars are acceptable for obtaining continuing education contact hours. Continuing education contact hours may also be obtained from an academic institution, self-study or correspondence course and for teaching and/or publishing activities provided the following standards are adhered to: 1.Academic Course: The course must be within the framework of a curriculum that leads to an academic degree in entomology, botany, plant pathology, agriculture, pest control, toxicology, public health or is relevant to pesticide use, or any course within that curriculum that is necessary to an individual's professional growth and development.2.Self-Study or Correspondence Course: The course should: a. be developed by a professional group such as an educational corporation or professional association;b. follow logical sequence;c. involve the learner by requiring active response to module materials and providing feedback;d. contain a test to indicate progress and verify completion of module;e. supply a bibliography for continued study.3.Teaching or Publication: Continuing education hours may be earned by teaching a particular course, seminar series, or workshop for the first time, delivering a paper or lecture, or publishing an article or book in pesticide use. As provided above, a course, seminar, or book may be considered for up to nine continuing education hours; a published article may be considered the equivalent of up to five hours; and a lecture or paper may be considered the equivalent of up to three hours.4.Education Methods: a. Learning experiences and teaching methods should be appropriate to achieve the objectives of the program.b. Principles of adult education should be used in the design of the program.c. Time allotted for each activity should be sufficient for the learner to meet the objectives of the program.5.Faculty Qualifications. Faculty should possess knowledge of the principles of adult education and should provide documentation to the provider/learner illustrating competency in the content of the planned learning experience.6.Evaluation. a. Provision must be made for evaluating the participant's attainment of the stated learner objectives/outcomes.b. Participants must be given the opportunity to evaluate faculty, learning experiences instructional methods, facilities and educational resources used for the offerings/programs.7.Specific Conditions Regarding Continuing Education Requirement. Certificate holders taking courses for the purpose of obtaining a baccalaureate or higher degree in the biological sciences will be considered to have met the continuing education requirements specified in 333 CMR 9.05 provided such courses equal at least the required number of hours. Other academic degree programs may qualify at the discretion of the Department. Individuals must maintain transcripts of courses and hours for a period of three years following license renewal for purposes of verification.