SECTION 7.134. Continuing Education Requirements for Certified Applicators  

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  • (a) Except as provided in subsections (e) and (f) of this section, the department shall require as a condition to the renewal of each certified applicator license granted pursuant to the provisions of this section, that the holder thereof certify to the department that the licensee has completed courses of continuing education approved by the department that cover the applicator's category(ies) of certification for the preceding calendar year running from January 1 to December 31. This certification must be completed each calendar year for renewal of the certified applicator's license in the following calendar year. Certified applicators who do not meet the recertification requirements will not be eligible to renew their licenses until all deficiencies are corrected, and they re-take and pass the appropriate category examination. Licensees must obtain the appropriate number of continuing education units in each 12-month calendar year period as specified in this section. Changing employers or moving to an inactive status does not alleviate this responsibility or add time to the continuing education unit requirement.

    (b) Each certified applicator is required to obtain two (2) units in general training and one (1) unit in each category in which the applicator is certified. General training is defined to include the topics included in the Texas Structural Pest Control Act, Section 1951.351(c). Of the two (2) general training units required for recertification, at least one (1) must be in 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 recertification year.

    (d) No more than one (1) unit each year may be obtained through a self-study or electronic course.

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

    (f) Upon written request, the Director may grant a hardship extension to a certified applicator due to extenuating circumstances. The length of the hardship is at the discretion of the Director.

    (g) Each certified applicator must keep a certificate of completion for each course attended for a period of two years, and submit such records to the department on request. These records are subject to inspection by department personnel at any time. Continuing education certificates will be made available to the licensee within twenty (20) days of the written request to a training provider. A copy of employee training records 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 training records in accordance with this subchapter.

    (i) Certified applicators found not able to certify their required training on the renewal application will have twenty (20) days to produce the required certificates of completion for courses previously attended prior to the initiation of enforcement proceedings. Certified applicators who do not meet the recertification requirements will have their licenses suspended in all deficient categories for one (1) year or until all deficiencies are corrected, and they must then re-qualify by taking the certification examination.

Source Note: The provisions of this §7.134 adopted to be effective February 1, 1992, 17 TexReg 44; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective February 22, 1995, 20 TexReg 892; amended to be effective July 30, 1996, 21 TexReg 6815; amended to be effective September 11, 1997, 22 TexReg 9000; amended to be effective June 1, 2000, 25 TexReg 2067; amended to be effective February 1, 2005, 30 TexReg 398; 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 August17,2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9974