dept. 1200, 1203, 8 CCR 1203-2, pt. 2, subpt. B - [Effective until 5/15/2024] Registered Limited Commercial Applicators and Registered Public Applicators
2.18. Any
person who in the course of conducting a business only in or on property owned
or leased by the person or the person's employer ("limited commercial
applicator") is engaged in applying restricted use pesticides, and any agency
of the state, any county, city and county, or municipality, or any other local
governmental entity or political subdivision ("public applicator") which
applies restricted use pesticides shall register with the
Commissioner.
2.19. An entity which
does not apply restricted use pesticides but otherwise qualifies as a limited
commercial applicator or a public applicator may register with the
Commissioner.
2.20. A limited
commercial applicator or public applicator which exclusively applies general
use pesticides is not required to register with the Commissioner unless they
have so designated in accordance with Part 2.19.
2.21. Any limited commercial applicator or
public applicator registered pursuant to the Act and these Rules shall be
governed by the Act and these Rules for all pesticide applications including
those involving general use pesticides.
2.22. The limited commercial applicator or
public applicator shall designate on its application one or more individuals,
who are or will be employed by it in the capacity of qualified supervisor, to
take the examination for each category and subcategory for which the
registration is sought.
2.23. To be
registered as a limited commercial applicator or public applicator, the
designated qualified supervisor must be licensed in good standing and must meet
all qualifications including, but not limited to, the experience and/or
educational qualifications set forth in these Rules for each of the categories
in which he or she will take the examination. For purposes of this Part 2.23,
the term "good standing" includes but is not limited to, the fact that the
qualified supervisor's license has not expired pursuant to ยง
35-10-116(1),
C.R.S.
2.24. Each applicant for a
registration shall submit a signed, complete, accurate, and legible
application, on a form provided by the Commissioner, which shall include, at a
minimum: the name and address of the applicant, the name of the person who is
the primary contact, the address and telephone number of the location where the
applicator records are to be kept, the name and identification numbers of all
qualified supervisors employed by the applicant, and any other information
required on the form.
2.25. In
addition to the application form described above, each applicant for
registration shall submit the registration fee set by the Commissioner. If the
registration fee does not accompany the application, the application for
registration may be denied.
2.26.
Each person applying as a corporation or other entity shall submit a
certificate of good standing from the Secretary of State.
2.27. The registration required pursuant to
the Act shall expire on December 31 of the same year the registration is
granted.
2.28. A registered limited
commercial applicator or a registered public applicator may not apply
pesticides aerially without an endorsement on its registration by the
Commissioner permitting such applications. In order to obtain such endorsement,
the limited commercial applicator or a public applicator shall present evidence
that at least one pilot employed or to be employed by said limited commercial
applicator or a public applicator, currently holds a commercial agricultural
aircraft operator certificate issued by the Federal Aviation Administration,
U.S. Department of Transportation, pursuant to 14 C.F.R. Part 137 (2017) (as
incorporated herein by reference). If the employment of said pilot or pilots is
terminated for any reason, the limited commercial applicator or a public
applicator shall immediately cease aerial application of pesticides unless and
until it is in compliance with this Rule.
2.29. A limited commercial entity or a public
entity may designate separate sections, divisions, agencies, or their
equivalent to be registered.
2.30.
Adequate Supervision:
(a) A registered
limited commercial applicator or a registered public applicator must have at
least one qualified supervisor for every fifteen (15) technicians, of which no
more than eight (8) may be unlicensed technicians. For purposes of the
provision, the term "unlicensed technician" means a technician who does not
have a certified operator license.
(b) A responsible qualified supervisor must
be available while any technician under their supervision is using a pesticide.
For purposes of this provision, the term "available" means able to communicate
verbally with the technician and the Department and to respond appropriately to
any emergency.
(c) A qualified
supervisor may act in a supervisory capacity for one or more commercial
applicator businesses at any given time, but only for the licensure
category(ies) the qualified supervisor holds.
(d) A qualified supervisor may supervise one
or more technicians employed by multiple commercial applicator businesses, so
long as the aggregate number of technicians supervised from among those
commercial applicator businesses does not exceed 15 technicians at any one
point.
2.31. If before
the expiration of a registration, a registered limited commercial applicator or
registered public applicator wants to withdraw registration, said applicator
may withdraw from registration. Notice of withdrawal must be in writing and is
not effective until 10 days from receipt by the Commissioner. If before the
original expiration of a registration the applicator wants to be registered,
the applicator must submit a new application and submit a new registration
fee.
Notes
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