Tenn. Comp. R. & Regs. 0080-09-04-.05

Current through December 18, 2024
Section 0080-09-04-.05 - PESTICIDE APPLICATOR CERTIFICATIONS
(1) Pesticide applicator certification is required for performance of technical service work as stated under 0080-09-02-.04 Certification Categories. Pesticide certifications are issued only to individuals and not to formalized business entities.
(2) Application for certification shall be made on forms provided by the department, which shall be completed in full and may include:
(a) Name and date of birth of the applicant;
(b) Contact information for applicant, to include employer's name, telephone number, email address, and address of the principal place of business;
(c) Address of pesticide charter holder's office where the applicant will be employed;
(d) Proof of passing applicator certification examination within the previous year; and,
(e) Other information as required by the department.
(3) Certification holders shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.
(4) All certifications issued under this rule expire on a three-year certification cycle, beginning June 30, 2023, and again on June 30 of every third year thereafter. Applicants for renewal of either commercial applicator or private applicator certifications must recertify by completing all testing requirements for issuance of the original certification, as detailed under 0080-0902-.05 License and Certification Testing.
(a)
1. In lieu of testing for recertification, applicators may recertify by accrual of approved continuing education unit credits (CEUs) prior to expiration of their certification, according to the following schedule:

Service Category Number

Service Category Description

Number of CEUs Required for Recertification

C01

Agricultural Pest Control

18

C02

Forest Pest Control

12

C03

Ornamental and Turf Pest Control

18

C04

Seed Treatment

6

C05

Aquatic Pest Control

12

C06

Right-of-Way Pest Control

18

C07

Industrial, Institutional, Structural, and Health-Related Pest Control

21

C08

Public Health Pest Control

18

C09

Limited Herbicide Applicator

12

C10

Demonstration, Research, and Regulatory Pest Control

18

C11

Wood Preservatives

6

C12

Pesticide Dealer

18

C13

Antifouling Marine Paint

6

C14

Microbial Pest Control

12

C16

Sewer Line Treatment

6

Private Applicator

3

2. External training requirement.
(i) To recertify by accrual of CEUs, applicators in all service categories except C07 must attend at least half of the required CEUs as external trainings. C07 applicators must attend at least two-thirds of the required CEUs as external trainings.
(ii) External training means that CEU attendees and presenters are not employed by the same charter holder and that the training is conducted in a manner that allows presenters and attendees to interact in real time.
(b) Continuing Education Units.
1. Courses.
(i) Course presenters. CEU course presenters must be:
(I) Certified in the category for which the CEU is being offered;
(II) A member of the academic community related to pesticide research that is the subject of the CEU;
(III) Regulatory or extension personnel in the pesticide field; or,
(IV) A member of industry with direct work experience related to pesticides that are the subject of the CEU, as evidenced by pesticide product registration, pesticide applicator certification, or pest control operator licensing in Tennessee or another state.
(ii) Course materials. At least 30 days prior to the course offering, presenters must submit to the department for review a CEU course application, overview, description of class time anticipated for the course, and any supporting course materials. For courses offered by educational institutions, presenters must submit these materials to the University of Tennessee, Pesticide Safety Education Program (PSEP).
(iii) Approval and verification. Courses approved for credit will receive written confirmation from the department detailing the number of CEU credits eligible for the proposed course. Courses must be presented according to the approved application, curriculum, and materials. Representatives of the department or PSEP may attend approved courses, without incurring registration fees, for purposes of verifying course content and presentation. The department may deny approval for any course materials or presentation inconsistent with requirements of the certification category in which the course is being offered.
(iv) CEU courses are approved at the rate of one CEU credit per 50 minute attendance hour.
2. Accrual.
(i) Persons attending or presenting a CEU course receive CEU credits in the amount and certification category as approved by the department for the course.
(ii) Attendance rosters. CEU course presenters must submit to the department an attendance roster of all attendees and presenters per CEU course presented. Presenters must submit the roster to the department within 30 days following the CEU course presentation. Failure to submit attendance rosters timely may result in denial of CEU credits for the course attendees and denial of future applications for CEU course approval by the presenter(s) for up to five years.
(iii) Expiration. CEU credits accrued in previous certification periods are not assignable for CEU credit in subsequent certification periods.
(iv) The number of CEU credits required for recertification may be prorated per year for persons obtaining original certification during the current certification period.
3. The department may revoke course approval or deny CEU credit for any failure to comport with this rule.
(c) Reciprocity. In lieu of testing for recertification or acquiring CEU credits, applicants may apply for recertification based on reciprocity with another state. Applicants for reciprocal recertification must show proof of valid, equivalent recertification in the reciprocating state.
(d) Given extraordinary circumstances, the department may in its discretion extend the deadline for recertification testing or accrual of CEU credits applicable to particular applicators or service categories.
(e) Failure to recertify within the certification period, by a manner authorized under this rule, shall cause the certification to expire.
(5) Fees.
(a) Commercial applicator. Other than examination fees, there is no fee for certification or recertification of commercial applicators.
(b) Private applicator. The fee for Private Applicator Certification is a Tier 1 fee under T.C.A. § 43-1-703(f). There is no fee for recertification of private applicators.
(6) The department may deny any application for a certification that is not completed in accordance with this rule.

Tenn. Comp. R. & Regs. 0080-09-04-.05

Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective 12/26/2021.

Authority: T.C.A. §§ 4-3-203 and 62-21-118.