Section 128.44. Eligibility

(a) A person is eligible for certification upon reaching 18 years of age and fulfilling the requirements under § § 128.41—128.43 (relating to requirements for certification; categories of commercial and public applicators; and determination of competence). In addition to the requirements for a commercial applicator’s certification, an aerial applicator shall have a current commercial agricultural aircraft operator’s certificate issued by the Federal Aviation Administration or show evidence of compliance with 14 CFR Part 137 (relating to agricultural aircraft operations).

(b) Within 12 months of becoming eligible to be certified as a commercial applicator, a person shall file with the Department an application for certification. A person who fails to file an application within this 12-month period will lose certification eligibility and shall again establish eligibility in accordance with § § 128.41—128.43. An application for initial certification will be accepted from an eligible person throughout the year. A certificate will expire on September 30 following the date of application, except that the Department may issue a certificate for an additional year when an application is initially filed during the last 2 months of the certification year.

(c) Once a certification has expired, no further use of pesticides as allowed by the certification will be permitted. Eligibility for certification shall remain under subsection (b).

(d) If a person allows his certification to expire in the triennial year in which recertification credits are due, recertification shall require completion of delinquent recertification credits as described in § 128.45 (relating to recertification) and satisfaction of the requirements for eligibility of subsection (b).

(e) If a person fails to complete delinquent recertification credits within 1 year from the triennial certification expiration date or fails to renew the certification for any reason during that time period, the person is required to reestablish eligibility by meeting the requirements in § 128.3 (relating to fees), § 128.43 and this section.

The provisions of this § 128.44 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (206532) to (206533).

Notation

Authority

The provisions of this § 128.44 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).