Ariz. Admin. Code § R3-3-205 - Custom Applicator License (CAL)

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. A person shall not act as a custom applicator without a valid CAL issued by the Department.

B. A person applying for a CAL, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the license application;

3. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the business;

4. Tax identification number of the business;

5.4. License renewal period;

6.5. Whether the application is for ground or air custom application, or both;

7.6. Names and current certification numbers of the commercial applicators employed by the business;

8.7. Evidence of insurance coverage, showing the name of the insurance carrier, policy number, policy term, policy limits, and any applicable exclusions;

9.8. Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation;

9. The name and contact information for a contact person at the business if different than the applicant; and

10. For individual applicants, information and documentation indicating that the individual's presence in the United States is authorized under federal law according to A.R.S. § 41-1080, if not on file.

C. The Department shall not issue or renew a CAL and an existing CAL is invalid unless the applicant or license holder:

1. Is a commercial applicator or employs at least one individual who is certified as a commercial applicator under R3-3-208; and

2. Maintains or the business that employs the applicator or license holder maintains public liability, drift, and property damage insurance coverage with an aggregate amount of at least $300,000 during the licensing period. The applicant or license holder shall provide evidence of insurance coverage to the Department upon initial application, for each renewal, or upon request of the Department;

3. Files with the Department a copy of the commercial applicator's valid Federal Aviation Administration commercial agricultural aircraft operator's certificate, if using aircraft. If not already on file with the Department, an applicant or license holder shall submit a copy of the certificate with the completed application form.

D. A CAL holder may:

1. Temporarily relinquish a CAL if the custom applicator:

a. Advises the Department of termination of the insurance prescribed in subsection (C)(2), and the effective date of termination; and

b. Ceases to act as a custom applicator on the termination date.

2. Reinstate the CAL within the same licensing time period, without again paying the fee as prescribed in subsection (E), if the custom applicator:

a. Purchases insurance as prescribed in subsection (C)(2), and

b. Notifies the Department of the effective date of the insurance.

E. The applicant shall submit the completed application to the Department, accompanied by a $100 fee for each year, or portion of the year during which the license is valid.

F. A custom applicator license is not transferable, expires on December 31, and is valid for one or two years, depending on the renewal period selected by the applicant.

G. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 percent on the written examination administered by the Department:

a. Calibration of application equipment;

b. Aerial application procedures, if applicable; and

c. Ground application procedures, if applicable.

2. An individual who fails the examination may retake it no more than three times in a 12 month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

H. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations in subsection (G) under the following conditions:

a. The applicant submits the completed application and fee within 30 days after the expiration date, and

b. The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsection (G).

Notes

Ariz. Admin. Code § R3-3-205

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-205 (Supp. 91-4). Former Section R3-3-205 renumbered to R3-3-206; new R3-3-205 renumbered from R3-3-204 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.