SECTION 7.133. Technician License Requirements  


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  • (a) An apprentice is a beginning employee, whose training program is the responsibility of the responsible certified applicator and who may be trained by and work under the direct supervision of licensed applicators and technicians.

    (b) An apprentice must be at least 16 years of age.

    (c) An apprentice must be able to demonstrate proficiency in reading U.S. Environmental Protection Agency approved pesticide labels and warnings.

    (d) An apprentice must submit an application for technician license within ten (10) days of beginning employment.

    (e) The application must include the following information:

      (1) legal name;

      (2) physical home address;

      (3) date employment began in licensed activity;

      (4) social security number;

      (5) driver's license number; and

      (6) date of birth.

    (f) A fee shall be charged for each application.

    (g) An apprentice card will be issued by the department for one (1) year from the date employment began when all of the above requirements are met and processed.

    (h) Apprentices must not perform any pest control work without the physical presence of a licensed technician or a certified applicator. Upon completion of and documentation of the required study and on-the-job training and demonstrating competency in each area, the apprentice may work alone so long as a certified applicator is physically present for personal instruction three (3) days a week. The studies and job training required for an apprentice are as follows:

      (1) complete at least two hours of classroom training in each of the following subjects:

        (A) federal and state laws that regulate the industry;

        (B) recognition of pests and pest damage;

        (C) pesticide labels and label comprehension;

        (D) pesticide safety;

        (E) environmental protection;

        (F) application equipment and techniques;

        (G) pesticide formulations and actions;

        (H) emergency procedures, pesticide cleanup and procedures for immediate reporting of spills and misapplication;

        (I) basic principles of mathematics, chemistry, toxicology and entomology; and

        (J) non-chemical pest control techniques, including biological, mechanical and integrated pest management techniques.

      (2) complete forty (40) hours of verifiable on-the-job training and eight (8) hours of classroom training in each category in which the apprentice is to provide pest control services. The responsible certified commercial applicator or certified noncommercial applicator must certify in the training records of each apprentice that the apprentice has completed the required training and has demonstrated competency in each category in which the apprentice is to provide service.

      (3) a student currently enrolled in or who has attended or graduated within the past twelve months from an accredited school or university studying relevant materials may be credited with those courses for classroom training hours for apprenticeship, if those hours have been provided by the school or university.

      (4) an apprentice may maintain an apprentice card for a maximum of twelve (12) months. If an apprentice has not passed the requirements to become a licensed technician in the twelve (12) month period, the individual may be re-registered as an apprentice and complete all training requirements for an apprentice. Previous training credit may not be applied to this requirement.

    (i) Apprentice Records.

      (1) The responsible certified commercial applicator or certified noncommercial applicator must maintain the verifiable training records and certification for each apprentice in the business files. These are to be kept at least two (2) years from the training or certification date.

      (2) The above records are to be kept on a form prescribed by the department and must include, but are not limited to the following:

        (A) date training records received;

        (B) number of hours of training;

        (C) subject of training;

        (D) printed name, signature and license number of trainer;

        (E) designation of on-the-job training or classroom training;

        (F) competency evaluation by the certified applicator; and

        (G) printed name, signature and license number of evaluator.

    (j) When an apprentice changes employers, the employer who maintains the verifiable training records must make the verifiable training records available to the apprentice or the new employer within twenty (20) days of written request.

    (k) It is a violation of this section for a business licensee or certified noncommercial applicator to allow an apprentice to perform work in a category in which the apprentice has not been properly trained. The certified applicator must be physically present to give personal instructions to an apprentice at least three (3) days a week.

    (l) An apprentice becomes a licensed technician by;

      (1) completing a department approved technician training course in general training at least one time prior to taking the examination.

      (2) making a passing grade on the technician examination.

        (A) The examination may be taken as many times as necessary in the twelve (12) month period the employee is holding an apprentice card.

        (B) There shall be a fee charged per examination.

        (C) The Technician Training Manual may be obtained from the Texas AgriLife Extension Service.

        (D) An individual must pass each category examination in which the apprentice applies to become licensed. Re-examination is not necessary if the license is renewed annually.

      (3) Persons making a passing grade and who qualify for a technician license will be issued a license upon issuance of the grades.

    (m) All testing procedures shall be governed by §7.125 of this title (relating to Examinations).

    (n) The department shall require as a condition to the renewal of each commercial or non-commercial technician's license granted pursuant to the provisions of this section, the responsible certified applicator of record to certify on the verifiable training records form that the technician has completed eight (8) hours of verifiable training for the preceding calendar year running from January 1 to December 31 preceding the renewal date except that no additional training will be required in the first calendar year in which a technician is first licensed. This certification must be verified upon each annual renewal of the technician license. Failure to do so will prevent the license from being issued. Licensees must obtain the appropriate number of verifiable training hours in the preceding 12-month calendar year period. Changing employers or moving to an inactive status does not alleviate this responsibility or add time to the continuing education requirements.

      (1) The eight (8) hours of verifiable training must be selected from the following subject areas:

        (A) Federal and state laws regulating structural pest control and pesticide application

        (B) Recognition of pest and pest damage

        (C) Pesticide labels and label comprehension

        (D) Pesticide safety

        (E) Environmental protection

        (F) Application equipment and techniques

        (G) Pesticide formulations and actions

        (H) Emergency procedures and pesticide cleanup, and procedures for the immediate reporting of spills and misapplications

        (I) Basic principles of mathematics, chemistry, toxicology, and entomology

        (J) Non-chemical pest control techniques including biological, mechanical and integrated pest management techniques.

      (2) Two (2) hours of the eight (8) hours of training may be on-the-job training or hands-on-training verified by the responsible certified applicator.

      (3) Internet training or videotape training may be used if the certified applicator certifies that the training is the appropriate training.

      (4) A technician will receive an hour for hour credit if a department approved continuing education unit course is completed.

      (5) No courses may be repeated for credit within the same recertification year.

    (o) Upon written request, the Director may grant a hardship extension to a technician due to extenuating circumstances.

    (p) All verifiable training records must be made available to the department upon request. These verifiable training records must be kept on a format provided by the department in the business file for at least two (2) years after completion of training.

    (q) The verifiable training records forms will be made available to the licensee within twenty (20) days of written request.

Source Note: The provisions of this §7.133 adopted to be effective January 1, 1996, 20 TexReg 7826; amended to be effective December 1, 1999, 24 TexReg 9290; amended to be effective September 1, 2000, 25 TexReg 2067; amended to be effective January 11, 2001, 26 TexReg 198; amended to be effective July 29, 2001, 26 TexReg 5641; amended to be effective February 1, 2005, 30 TexReg 397; amended to be effective June 13, 2005, 30 TexReg 3407; amended to be effective September 10, 2006, 31 TexReg 7126; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974