In addition to the provisions found under
R3-3-200, the following applies to
this Section.
A. An individual shall
not act as a private (PUP), golf (PUG), or commercial (PUC) applicator unless
the individual is 18 years of age and certified by the Department.
B. An individual shall take and pass both the
core exam and the appropriate category exam, or exams, they are seeking to show
competency to become a certified applicator.
B.C. Application.
An individual applying for either PUP, PUG, or PUC applicator certification
shall pay the applicable fee as prescribed in
R3-3-200(A) and
submit a completed application to the Department containing the following
information on a form obtained from the Department:
1. The applicant's name, address, e-mail
address if applicable, daytime telephone number, Social Security number, date
of birth, and signature;
2. Date of
the application;
3. If applicable,
name, physical address, mailing address, e-mail address, and daytime telephone
number of the applicant's employer;
4. Whether the application is for a PUP, PUG,
or PUC applicator certification;
5. If applicable, an indication
the applicant seeks private applicator fumigation
certification;
6. If applicable, an indication
the applicant seeks golf applicator aquatic certification;
7. For commercial certification,
the categories in which the applicant seeks to be certified;
8. Whether the applicant has had a
similar certification revoked, suspended, or denied in this or any other
jurisdiction during the last three years, and the nature of the violation;
and
9. Certification renewal
period.
5. Which
category or categories the individual seeks certification;
6. Whether the applicant has had a similar
certification revoked, suspended, or denied in this or any other jurisdiction
during the last three years, and the nature of the violation; and
7. 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.
Private applicator fumigation
certification.
1. Fumigation certification
requires certification as a private applicator, a golf applicator, or a
commercial applicator.
2. Fumigation certification allows
a private applicator or a commercial applicator acting as a private applicator
to use, apply, or supervise the use or application of a fumigant to an on-farm
raw agricultural commodity or on-farm burrowing rodent problem.
3. Fumigation certification allows
a golf applicator to use and apply a fumigant to a golf course burrowing rodent
problem.
D.
Golf applicator aquatic certification allows a golf
applicator to use or apply an aquatic pesticide to a body of water on a golf
course to control an aquatic pest problem.
E.
Golf restricted use pesticide certification allows a
golf applicator to use or apply restricted use pesticides to an ornamental and
turf area of a golf course.
F.D. Examinations
and Competency Standards.
The Department shall
administer examinations by appointment at every Environmental Services Division
office. An applicant shall achieve a passing score of 75 percent in the
applicable subject area in order to receive initial certification.
1. Commercial applicator
certification (PUC). In addition to the core examination required by
R3-3-202, an applicant shall
demonstrate knowledge and understanding of the subjects listed in Appendix A,
subsection (B) for each commercial certification category
sought.
2. Commercial certification
categories. An individual may apply for commercial applicator certification in
any of the following categories:
a. Agricultural pest
control;
b. Forest pest
control;
c. Seed-treatment;
d. Aquatic pest
control;
e. Right-of-way pest
control;
f. Public health pest
control;
g. Regulatory pest control: M-44
or rodent, if a government employee; or
h. Demonstration and research pest
control
3. Private applicator (PUP) and
golf applicator (PUG) certification. An applicant shall demonstrate knowledge
and understanding of the core examination subjects listed in
R3-3-202 .
4. Fumigation certification. An
applicant seeking private applicator fumigation certification shall also pass a
separate fumigation examination.
5. Aquatic certification. An
applicant seeking aquatic certification shall also pass a separate aquatics
examination.
6. An individual who fails an
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.
1. The Department shall ensure that the core
examination tests the knowledge and understanding of
40 CFR §
171.103 for a PUC or PUG applicator license,
or 40 CFR §
171.105 for a PUP applicator license (As
amended January 4, 2017,
https://
www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171) This
material is incorporated by reference, on file with the Department, and does
not include any later amendments or editions.
2. Exam Categories and Competency Standards:
a. For commercial applicators:
i. The exam categories shall be as prescribed
in 40 CFR §
171.101(a) through (e), and (i) through
(o) (39 FR
36449, October 9, 1974 as amended
by 82 FR
1029, January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchap-ter-E/part-171). This
material is incorporated by reference, on file with the Department, and does
not include any later amendments or editions.
ii. Notwithstanding subsection (D)(5)(a)(i),
the exam categories as prescribed in
40 CFR §
171.101(a)(2), (k), (l), and
(m) shall not be mandatory for certification
until January 1, 2026 (39 FR
36449, October 9, 1974 as amended by 82 FR
1029,
January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions.
iii. Notwithstanding
40 CFR §
171.103(e), the competency
standards shall be as prescribed in
40 CFR §
171.103(a)(2), (b), (c), (d)(1) through (5) and (9) through
(15) (39 FR
36449, October 9, 1974 as amended
by 82 FR
1029, January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions.
iv. Notwithstanding subsection
(D)(5)(a)(iii), the competency standards prescribed in
40 CFR §
171.103(d)(1)(ii), and (11) through
(13) shall not be mandatory for certification
until January 1, 2026, (39 FR
36449, October 9, 1974 as amended by 82 FR
1029,
January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions.
b. For private applicators:
ii. Notwithstanding subsection (D)(5)(b)(i),
the competency standards prescribed in
40 CFR §
171.105(b) through (d) shall
not be mandatory for certification until January 1, 2026, 39 FR
36449, October
9, 1974 as amended by 82 FR
1029, January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions.
c. For golf applicators:
i. The categories shall be as prescribed in
40 CFR §
171.101(c), (e), and (n),
(39 FR
36449, October 9, 1974 as amended by 82 FR
1029, January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171)
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions; and
ii. The competency standards shall be
prescribed in 40 CFR §
171.103(c) and (d)(3), (5), and
(14), (39 FR
36449, October 9, 1974 as
amended by 82 FR
1029, January 4, 2017,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or
editions.
3.
Certifications issued or renewed under this Article prior to February 6, 2023
are not required to comply with the examination and competency standards until
the individual is renewing a private, golf, or commercial applicator
certification. This provision shall expire on December 31, 2026.
G.
Fee.
1. An applicant for private or
commercial certification shall pay a $50 fee per year of
certification.
2. An applicant for golf
certification shall pay a $100 fee per year of certification.
H.
Applicator certification is not transferable,
expires on December 31, and is:
1. Issued for the remainder of the
calendar year as an initial certification;
2. Renewed for one or two years,
depending on the renewal period selected by the applicant; and
3. Renewed for all categories of
certification for the same renewal period.
I.E. Renewal; CEU
requirements.
1. An applicant for renewal of
an applicator certification shall select a one or two-year renewal
period.
2. An applicant shall
submit the completed application accompanied by the applicable fee for a
one-year renewal or double the fee for a two-year renewal.
3. CEU requirements.
a. The Department shall not renew a private
applicator or golf applicator certification unless, prior to the expiration of
the current certification, the applicator completes three CEUs pertinent to the
category or categories for which the applicant is seeking to renew licensure
for each year of the renewal period.
b. The Department shall not renew a
commercial applicator certification unless, prior to expiration of the current
certification, the applicator completes six CEUs pertinent to the category or
categories for which the applicant is seeking to renew for each year of the
renewal period.
c. The Department shall not renew
a fumigation certification unless, prior to the expiration of the current
certification, the applicant qualifies to renew the applicant's private, golf,
or commercial applicator certification under this subsection and completes
three additional CEUs per year of the renewal period.
d. The Department shall not renew
an aquatic certification unless, prior to the expiration of the current
certification, the applicant qualifies to renew the applicant's golf applicator
certification under this subsection and completes three additional CEUs per
year of the renewal period. The three additional CEUs per year may also be used
to simultaneously satisfy the three additional CEUs per year requirement in
subsection (H)(3)(c).
e.c. All CEU credit
requirements shall be completed during the certification period, prior to
renewal. CEU credits earned in excess of the requirements do not carry forward
for use in subsequent renewals.
f.d. To obtain credit, the
Department shall be provided with documentation of completion of the CEU
course.
g. The CEU requirements are not
applicable to an individual renewing an initial certification issued between
October 1 and December 31.
4. Examination exception. An
applicator who fails to complete the CEUs required for renewal may renew a
certification, prior to expiration, for one year by submitting the completed
application accompanied by the applicable fee and retaking and passing the
applicable certification examination prescribed in this
Section.
J.
Renewal; expired certification.
1. An applicant may renew an
expired certification without retaking the written examinations provided the
applicant:
a. Has satisfied the CEU
requirements,
b. Submits a completed application
and fee within 30 days after the expiration date, and
c. Does not provide any
pesticide-related service from the date the certification expired until the
date the renewal is effective.
2. All other applicants for
renewal shall complete the requirements for initial certification, including
retaking and passing the written examinations prescribed in this
Section.
F. Reciprocal Certification
1. The Director may waive the examination
requirements in whole or in part for an individual who is certified as an
applicator by another State, Federal, or Tribal agency under an approved EPA
certification plan.
a. A applicant must apply
for Arizona reciprocal certification.
i. The
applicant shall provide the information as prescribed in
R3-4-208(B).
ii. The applicant shall submit the Department
required form to their state, federal, or tribal agency for verification of
certification.
iii. Upon
verification of the competency standards for each category of certification
requested, the Department may issue a like category applicator
license.
iv. The Department shall
terminate an applicator's certification upon notification that the applicator's
original certification has been terminated in the originating state, for any
reason.
v. The applicant may
request a hearing if the Department denies an application for a reciprocal
certification based on the competencies approved by another state, federal, or
tribal agency.
2. Anyone certified through reciprocal
certification must notify the Department of termination of the
originating-state's certification. Failure to notify the Department within
three business days after the effective date of termination may result in
revocation of the Arizona certification, and the applicant may not reapply for
Arizona certification for a twelve-month period.
Notes
Ariz. Admin. Code §
R3-3-208
Adopted effective
November 20, 1987 (Supp. 87-4). Renumbered from R3-10-208 (Supp. 91-4). Amended
by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).
Amended by final rulemaking at 18 A.A.R. 2481, effective November 10, 2012
(Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3130, effective
September 16, 2013. Amended by final rulemaking at
22
A.A.R. 367, effective 4/5/2016. Amended by final rulemaking at
30
A.A.R. 89, effective 3/4/2024.
