18B.315 Aquatic pest control license.
Subdivision 1. Requirement. (a) A person may not engage in aquatic pest control applications:
(1) for hire without an aquatic pest control license; and
(2) as a sole proprietorship, company, partnership, or corporation unless the person is or employs a licensed master in aquatic pest control operations.
(b) An aquatic pest control licensee must have a valid license identification card when applying pesticides for hire and must display it upon demand by an authorized representative of the commissioner or law enforcement officer. The license identification card must contain information required by the commissioner.
Subd. 2. Licenses. (a) An aquatic pest control license:
(1) expires on December 31 of the year for which the license is issued;
(2) is not transferable; and
(3) must be prominently displayed to the public in the aquatic pest controller's place of business.
(b) The commissioner shall establish categories of master and journeyman for a person to be licensed under an aquatic pest control license.
Subd. 3. Application. (a) A person must apply to the commissioner for an aquatic pest control license on forms and in a manner required by the commissioner. The commissioner shall require the applicant to pass a written, closed-book, monitored examination or oral examination, or both, and may also require a practical demonstration regarding aquatic pest control. The commissioner shall establish the examination procedure, including the phases and contents of the examination.
(b) The commissioner may license a person as a master under an aquatic pest control license if the person has the necessary qualifications through knowledge and experience to properly plan, determine, and supervise the selection and application of pesticides in aquatic pest control. To demonstrate the qualifications and become licensed as a master under the aquatic pest control license, a person must:
(1) pass a closed-book test administered by the commissioner;
(2) have direct experience as a licensed journeyman under an aquatic pest control license for at least two years by this state or a state with equivalent certification requirements, or have at least 1,600 hours of qualifying experience in the previous four years as determined by the commissioner; and
(3) show practical knowledge and field experience under clause (2) in the actual selection and application of pesticides under varying conditions.
(c) The commissioner may license a person as a journeyman under an aquatic pest control license if the person:
(1) has the necessary qualifications in the practical selection and application of pesticides;
(2) has passed a closed-book examination given by the commissioner; and
(3) is engaged as an employee of or is working under the direction of a person licensed as a master under an aquatic pest control license.
Subd. 4. Renewal. (a) An aquatic pest control applicator license may be renewed on or before the expiration of an existing license subject to reexamination, attendance at workshops approved by the commissioner, or other requirements imposed by the commissioner to provide the applicator with information regarding changing technology and to help assure a continuing level of competency and ability to use pesticides safely and properly. The commissioner may require an additional demonstration of applicator qualification if the applicator has had a license suspended or revoked or has otherwise had a history of violations of this chapter.
(b) If a person fails to renew an aquatic pest control license within three months of its expiration, the person must obtain an aquatic pest control license subject to the requirements, procedures, and fees required for an initial license.
Subd. 5. Financial responsibility. (a) An aquatic pest control license may not be issued unless the applicant furnishes proof of financial responsibility. The financial responsibility may be demonstrated by:
(1) proof of net assets equal to or greater than $50,000; or
(2) a performance bond or insurance of a kind and in an amount determined by the commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the applicant's license. The commissioner shall immediately suspend the license of a person who fails to maintain the required bond or insurance. The performance bond or insurance policy must contain a provision requiring the insurance or bonding company to notify the commissioner by ten days before the effective date of cancellation, termination, or any other change of the bond or insurance. If there is recovery against the bond or insurance, additional coverage must be secured to maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to maintain an insurance policy or bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under this section must be accompanied by proof of satisfaction of judgments previously rendered.
Subd. 6. Fees. (a) An applicant for an aquatic pest control license for a business must pay a nonrefundable application fee of $100. An employee of a licensed business must pay a nonrefundable application fee of $50 for an individual aquatic pest control license.
(b) An application received after expiration of the aquatic pest control license is subject to a penalty of 50 percent of the application fee.
(c) An applicant that meets renewal requirements by reexamination instead of attending workshops must pay the equivalent workshop fee for the reexamination as determined by the commissioner.
HIST: 1996 c 330 s 4
Official Publication of the State of Minnesota
Revisor of Statutes