2002 Minnesota Statutes

     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