SECTION 7.134. Continuing Education Requirements for Certified Applicators

(a) Except as provided in subsections (f) and (j) of this section, as a requirement of annual license renewal, each certified applicator must certify that they have completed department-approved CEUs that cover the applicator's category(ies) of certification for the preceding calendar year. This certification must be completed each calendar year for renewal of the certified applicator's license. Certified applicators who do not meet the re-certification requirements shall not be eligible to renew their licenses and will be subject to enforcement action. Licensees must obtain the appropriate number of CEUs in each calendar year as specified in this section. Changing employers or moving to an inactive status does not eliminate, defer or extend the CEU requirement.

(b) Each certified applicator is required to obtain two (2) CEUs in general training and one (1) unit in each category in which the applicator is certified. General training is defined to include the topics in §1951.351(c) of the SPCA. At least one (1) of the two (2) general training units required for recertification, must be in either federal and state laws, pesticide safety, environmental protection, or integrated pest management. The other may be in any general topic.

(c) No approved course may be repeated for credit within the same calendar year.

(d) No certified applicator who is also a presenter can satisfy their CEU requirements through a course the certified applicator presents.

(e) CEUs may only be obtained through an approved self-study course every other year. Self-study courses will not be accepted two (2) years in a row and will result in deficiency upon review.

(f) Applicators will not be required to obtain CEUs during the first calendar year in which their license is issued. Applicators that become certified in additional categories during any calendar year will not be required to obtain units in those categories for that period.

(g) Each certified applicator must keep a certificate of completion for each course attended for a period of two (2) calendar years after the calendar year in which it was obtained, and submit such records to the department upon request. These records are subject to inspection by the department at any time. Continuing education certificates must be made available to the licensee within twenty (20) days of the written request to a training provider. A copy of a current or former employee's continuing education certificates shall be made available to a licensee within twenty (20) days upon written request to the employer.

(h) The business licensee, responsible certified commercial applicator, and certified noncommercial applicator shall be responsible for the proper certification and maintenance of employee continuing education records in accordance with this subchapter.

(i) Certified applicators who are unable to certify their required continuing education requirements at renewal or during inspection will have twenty (20) days to submit the verifiable training records for training previously obtained prior to the initiation of enforcement proceedings. Certified applicators who do not meet the recertification requirements may have their licenses suspended in all deficient categories.

(j) Upon written request, the Commissioner may grant a hardship extension for completion of training requirements due to extenuating circumstances. The length of the extension is at the discretion of the Commissioner. All requests are subject to review and may require additional documentation.

Source Note: The provisions of this §7.134 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129