010-28 Wyo. Code R. §§ 28-3 - Certification and Licensing Requirements for Commercial Applicators

(a) Prior to making a commercial application, a person must become certified in the appropriate category and obtain a commercial applicator license. In unique situations, the Board of Certification may grant an exemption from the licensing requirement or a category certification in writing if:

(i) The Department receives a written request for exemption that specifically identifies the license or category or both that the requester wants to be exempt from and the reasons supporting the request; and

(ii) The Board of Certification determines, in its sole discretion, that the requester is highly unlikely to cause a health hazard or nuisance if granted an exemption.

The Board of Certification will not grant an exemption to a person who will or plans to apply restricted use pesticides. An exemption expires on the date specified in the exemption, which shall be from one to three years from the date the Board of Certification grants it. If an exemption is granted, the Department shall retain the records for the exemption in accordance with its record retention schedule. The Department may revoke the exemption if the person violates these rules or federal or state pesticide laws or if the Board of Certification determines that continuing the exemption is likely to cause a health hazard or nuisance.

(b) An individual must be at least 18 years old to be considered for certification as a commercial applicator. All individuals seeking initial certification or recertification must present a valid government issued photo identification or another similarly reliable form of identification approved by the Department.

(c) Individuals seeking initial certification must submit an application for a license and the $25.00 fee payable to the Wyoming Department of Agriculture following successful completion of the required examination. All fees submitted are non-refundable.

(d) Individuals applying for examination or re-examination must take the examination at a location specified by the Department. Individuals seeking examination or re-examination may be tested at the Cheyenne office of the Department during regular office hours at any time convenient to both the individual and the Department. Individuals may also be tested at other locations convenient to the individual and the Department or the proctor designated by the Department.

(e) In order to be eligible for a commercial applicator license, an individual seeking examination or re-examination must obtain a minimum passing score of 70% on the core/general examination and a minimum passing score of 70% in at least one specific category or subcategory. If an individual fails to obtain the minimum passing score on the core/general examination and at least one category or subcategory within 90 days of the initial examination attempt, the individual must restart the examination process by retaking the core/general examination. Applicators with an active license can add categories and subcategories at any time and at no cost to the applicator by obtaining the minimum passing score of 70% on the examination for the pertinent category or subcategory. Adding categories or subcategories during the valid term of an active license does not change the expiration date of that license.

(f) Any individual who fails to obtain a passing score on two successive examination attempts must submit a proof of education form, prescribed by the Department, indicating completion of an education course of the individual's choice, prior to taking the examination a third time. Any individual who fails to obtain a passing score on the third examination attempt must attend an education course approved by the Department or wait 45 days before attempting to take the examination again. An individual may take the examination two more times (the fourth and fifth attempt). If the individual fails to obtain a passing score after the fifth attempt, the individual must attend an education course for new applicators provided by the University of Wyoming Pesticide Safety Education Program before being allowed to take the examination again or wait one year before being allowed to take the examination again. After satisfying one of these conditions, the individual may take the examination one time (the sixth attempt). If an individual fails to obtain a passing score on the sixth attempt, the individual must obtain approval from the Board of Certification for any subsequent attempts. The Board of Certification has complete discretion in granting this approval.

(g) The Department will issue a license, including any applicable categories or subcategories, to applicants who have passed the applicable examinations if all other requirements for certification have been satisfied. The license for commercial applicators expires on January 31 of the third year after the issuing year.

(h) Commercial applicators can become recertified by one of the following methods:

(i) Accumulate 24 hours of Department approved continuing education courses during the term of the applicator's certification.

(A) The Department will verify that the quantity, content, and quality of a continuing education course to maintain applicator certification will be sufficient to ensure the applicator continues to demonstrate the level of competency required in Section 5.

(ii) Retake the examination and obtain a 70% or better score in all applicable categories.

(iii) When the applicator cannot use one of these methods due to extenuating circumstances, the Department may consider granting recertification to the applicator by other means, including by completion of a Department approved annual recertification course, such as the recertification course offered by the University of Wyoming.

(i) To become recertified for Category 911F (piscicide category), the applicator must retake the examination for that category and obtain a 70% or better score.

(j) Applicants meeting recertification requirements must submit an application for licensing and the $25.00 fee payable to the Wyoming Department of Agriculture. All fees submitted are non-refundable. If an applicant fails to meet the recertification requirements in these regulations prior to the expiration date of the applicant's license, the applicant must meet all requirements for initial certification.

(k) It is the responsibility of the applicator to maintain records of completed recertification education courses and provide the Department with these records upon seeking renewal of the applicator's license. The Department will compare the records submitted with the rosters of attendees from the education course sponsor to verify completion of the education course.

(l) It is the responsibility of the applicator to secure recertification education prior to the expiration date of the applicator's license. If the applicator fails to do so, the applicator must meet all of the requirements of initial certification.

Notes

010-28 Wyo. Code R. §§ 28-3

Amended, Eff. 1/8/2025.