01-026 C.M.R. ch. 31, § 6 - Licensing

A. All Commercial Applicators required to be certified under this chapter and state pesticide law shall be licensed before using or supervising the use of pesticides as described in Section 1(A).

B. Nonresident licenses. When the staff determines that a pest management emergency exists which necessitates the use of aerial application and for which there are not sufficient qualified Maine licensees, it may issue a license without examination to nonresidents who are licensed or certified by another state or the Federal Government substantially in accordance with the provisions of this chapter. Nonresident licenses issued pursuant to this section are effective until December 31 of the year in which they are issued.

C. Application. Application for a commercial applicator license shall be on forms provided by the Board.

I. The completed application must include the name of the company or agency employing the applicant.

II. Unless the applicant is the owner of a company, the completed application must be signed by both the applicant and that person's supervisor to verify the applicant is an employee of the company/agency.

D. Fee. At the time of application, the applicant must tender the appropriate fee as follows:

I. For a commercial applicator license - $105.00 per person.

E. Commercial applicators who apply pesticides for hire (custom applicators) and operate a company that is incorporated or which employs more than one applicator (licensed or unlicensed) must comply with Chapter 35, Certification & Licensing Provisions/Spray Contracting Firms which requires an additional Spray Contracting Firm License.

F. Insurance. Commercial applicators who spray for hire (custom applicators) shall be required to have liability insurance in force at any time they make a pesticide application.

I. Applicators shall submit a completed and signed form provided by the Board at the time they apply for their license which attests that they will have the required amounts of insurance coverage in effect when they make pesticide treatments. The information submitted on the form must be true and correct.

II. Insurance coverage must meet or exceed the following minimum levels of liability:

a.	Ground applicators
Public liability	$100,000 each person $300,000 each occurrence
Property damage	$100,000 each occurrence
b.	Aircraft applicators
Public liability	$100,000 each person $300,000 each occurrence
Property damage	$100,000 each occurrence

G. Reports. Annual Summary Reports described in Chapter 50, Section 2(A) must be submitted for each calendar year by January 31 of the following year. In the event a required report is not received by the due date, the person's license is temporarily suspended until the proper report is received or until a decision is rendered at a formal hearing as described in 22 MRSA §1471-D (7).

H. Expiration

I. All licenses will expire at the end of the certification period as determined in Section 5(A) VI or when an individual licensee terminates employment with the company/agency with which the individual's license is affiliated.

II. The licensee or a company/agency representative shall notify the Board in writing within 10 days after a licensee is terminated from employment.

III. Also, all licenses within a company/agency are suspended if the licensed Master is terminated from employment or dies.

I. Decision. Within 60 days of receipt of application by the Board, unless the applicant agrees to a longer period of time, the Director shall issue, renew or deny the license. The Director's decision shall be considered final agency action for purposes of 5 M.R.S.A. §11001 et seq.

J. Credentials Contact. Licenses issued under this rule will include the following information:

I. Full name of applicator

II. License number

III. Categories

IV. Expiration date

V. Maine statute under which license is issued.

Notes

01-026 C.M.R. ch. 31, § 6