Section 0080-09-02-.05 - LICENSE AND CERTIFICATION TESTING(1) Commercial applicators.(a) License testing. Applicants for pest control operator licenses must first complete license testing. Prior to examination, applicants must:1. Submit to the department or its designee a completed exam application on forms provided by the department;2. Be at least 18 years old prior to examination;3. Submit to the department or its designee payment of a Tier 4 examination fee under T.C.A. § 43-1-703(f);4. Show proof of certification in a pesticide category required for the applicable pesticide license; and,5. Show proof of experience and education requirements required for the license. Unless otherwise noted in the license category, applicants must have completed one of the following education and experience prerequisites:(i) Baccalaureate degree from an accredited college or university with a major or minor in a related course of study;(ii) One year of full-time work experience that required the applicable certification; and 12 college level semester credits in a related course of study; or,(iii) Two years of full-time work experience that required the applicable certification.6. Upon passage of a license exam, the applicant shall be eligible for receipt of the corresponding license pending payment of license fees. Absent extraordinary circumstances, if an applicant does not submit payment of applicable license fees within one year of the exam date, the exam passage shall expire, and the applicant shall be required to retake the exam prior to receiving a license.(b) Certification testing. Applicants for commercial pesticide applicator certification must first complete certification testing. Prior to examination, applicants must: 1. Submit to the department or its designee a completed exam application on forms provided by the department;2. Be at least 16 years old prior to examination. A commercial applicator under the age of 18 is prohibited from buying, selling, mixing, applying, or supervising the use or sale of restricted use pesticide; and,3. Submit to the department or its designee payment of a Tier 1 examination fee under T.C.A. § 43-1-703(f).(c) Examination fees are required for each exam to be administered; retest of any exam requires separate application and payment of additional exam fees. Applicants may withdraw applications for examination up to five business days prior to a scheduled exam and receive a full refund of the examination fee. After that time, an applicant shall be ineligible for refund of the examination fee absent extraordinary circumstances.(2) Private applicators. (a) Applicants for private applicator certification must be at least 18 years old prior to certification. Applicants age 16 or 17 years old are eligible for private applicator certification if they are of familial relation, by birth or adoption, to the owner or renter of the property where restricted use pesticides are applied. A private applicator under the age of 18 is prohibited from buying restricted use pesticide and from using or supervising the use of restricted use pesticide on property not owned or rented by a family relation.(b) Applicants for private applicator certification must complete within the previous year and show proof of passing a specialized training course administered by the University of Tennessee Extension Service. Proof of passage requires a score of at least 70% and submission of the course's three-part form signed by the extension agent administering the course.(3) Time, place, and manner of testing. (a) Applicants sitting for a license or commercial certification exam must present valid, government-issued photo identification on the day of the examination.(b) Examinations consist of substantive knowledge and specimen identification practicums relative to specific service categories. To pass examination, an applicant must score 70% or higher on the total exam.(c) Any applicant who misrepresents qualifications for a pesticide license or who engages in cheating on any exam shall be given a failing score for the exam and shall immediately be removed from the testing site. The applicant shall forfeit payment of the examination fee and shall be ineligible to sit for any commercial certification or license examination for two years. The department may also summarily revoke any license or certification previously issued to the applicant.(d) The department may deny examination to any person who fails to comport with this rule.(4) Reciprocity. In lieu of examination, applicants may apply for certification based on reciprocity with another state. (a) Applicants for reciprocal certification must show proof of valid, equivalent certification in the reciprocating state.(b) Reciprocity satisfies the testing requirements and examination fees associated with certifications under this chapter.(c) Reciprocity is not available for receipt or renewal of any pesticide license.Tenn. Comp. R. & Regs. 0080-09-02-.05
Original rule filed April 1, 2016; effective June 30, 2016. Emergency rules filed April 7, 2020; effective through October 4, 2020. Emergency rules expired effective October 5, 2020, and the rules reverted to their previous statuses. Amendments filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203, 43-8-106, 62-21-111, 62-21-112, and 62-21-118.