SECTION 7.24. Applicator Recertification

(a) All applicators must meet recertification requirements through completion of approved continuing education activities.

(b) Approved activities may include lectures, panel discussions, organized video or film with live instruction, field demonstrations, or other activities approved by the department.

(c) Each activity must be approved by the department. No activity may claim to be approved or accepted by the department or use any other such term that would lead an applicator to believe that it has been approved by the department for recertification unless it is so approved.

(d) The department shall assign one continuing education unit (CEU) for each 50 minutes of net actual instruction time presented at an approved activity. Accreditation will consist of no less than one CEU for any given course or session. Accreditation in one-half CEUs may be allowed as determined by the department.

(e) To be eligible for approval, the department will require:

(1) that the activity have significant educational or practical content to maintain appropriate levels of competency;

(2) that the activity be conducted by a university, a governmental agency, an association, or a private independent nonapplicator business;

(3) that each activity has a recordkeeping procedure for verifying applicator attendance using department forms or approved formats;

(4) that activities cover one or more of the following topics pertaining to pesticides:

(A) label and labeling comprehension;

(B) safety factors;

(C) environmental consequences;

(D) pest features;

(E) integrated pest management strategies/pest management practices;

(F) pesticide factors;

(G) equipment characteristics;

(H) application techniques/drift minimization;

(I) laws and regulations;

(J) biotechnology/transgenic crops; or

(K) business ethics; and

(5) the activity is able to comply with all applicable federal and state laws, including the Americans With Disabilities Act (ADA) requirements for access to activities.

(f) The department may consider for approval "correspondence activities" such as videos, interactive internet, and/or other activities approved by the department. To be eligible for approval the department will require:

(1) that the course sponsor complies with the specifications and requirements listed under subsections (a) - (e) of this section; and

(2) that the activity include an open book measure of competency approved by the department.

(g) For commercial and noncommercial applicators only, the department may consider for approval, an intensive specialized training, equivalent to a maximum of a three-year recertification credit. Correspondence activities will not be allowed for this method of acquiring CEUs.

(h) Prior approval shall not be required for applicator recertification courses of up to three CEUs conducted by Extension faculty or department personnel for any pesticide applicator, provided that all other requirements for course content and records are met. The department may enter into a memorandum of agreement with Extension regarding the specific requirements for applicator recertification. Correspondence activities are excluded from this provision.

(i) Department personnel may monitor all approved activities, and all fees charged by the sponsor shall be waived for department personnel who monitor the recertification activity.

(j) The department may deny, revoke, or refuse to renew approval for any or all courses of a sponsor if the sponsor fails to file a timely activity report, fails to provide the quality of activity approved by the department, or fails to comply with any other requirements that are a basis for approval or that are a part of these rules.

(k) The department may enter into a memorandum of agreement with another state or non-profit professional society or association to recognize the state's pesticide applicator recertification or the society's professional recertification for satisfaction of the requirements of this section for commercial, noncommercial, and private applicator recertification only if:

(1) the standards for recertification meet or exceed the standards for the one-year or five-year recertification periods as set out in this section; and

(2) the agreement reduces duplication of effort and does not increase the recordkeeping burden of the department.

(l) Each continuing education activity shall be approved for one calendar year only.

(m) In order for a recertification activity to be approved by the department, the sponsor must:

(1) submit a completed department-prepared application form;

(2) provide any additional material relevant to the activity which is requested by the department; and

(3) submit the application and information required by the department at least 30 days in advance of the first date of the activity. The department may waive the 30-day provision providing all other requirements are met. The department will respond to the sponsor within ten days of receipt of the application and approve, reject, or request additional information.

(n) Sponsors who wish to continue approval must file for renewal annually on a form prepared by the department.

(o) Sponsors of approved activities shall:

(1) prepare a roster of applicators who complete the activity which contains, at a minimum, the date, course number, number and type of accredited CEU(s), the pesticide applicator's name and current license or certificate number, the name and contact information of the course provider, and the location of the training;

(2) distribute a completion certificate at the time of the activity to applicators who successfully complete an activity, which shall indicate the name of the sponsor, the date, county and name of the activity, the amount and type of credit earned, and the assigned course number;

(3) provide the activity rosters to the department within 14 days after the end of an activity. The rosters must be on department forms or department approved format;

(4) ensure that CEUs awarded correspond proportionately to the net instruction time; and

(5) maintain activity rosters for a period of two years from the date of activity. Rosters are to be made available to the department upon request.

(p) Sponsors of approved correspondence activities shall:

(1) prepare a roster of applicators who complete the activity which contains, at a minimum, the date, course number, number and type of accredited CEU(s), the pesticide applicator's name and current license or certificate number, the name and contact information of the course provider, and the location of the training;

(2) distribute a completion certificate in a timely manner to applicators who successfully complete an activity, which shall indicate the name of the sponsor, the date, county and name of the activity, the amount and type of credit earned, and the assigned course number;

(3) provide the activity rosters to the department within 14 days after the end of an activity. The rosters must be on department forms or in a department-approved format;

(4) ensure that CEUs awarded correspond proportionately to the net instruction time;

(5) ensure the establishment of procedures to prohibit an individual from repeating the sponsor's course in two consecutive recertification periods; and

(6) maintain activity rosters for a period of two years from the date of activity. Rosters are to be made available to the department upon request.

(q) Governmental agencies may enter into an agreement with the department for annual submission of recertification records of agency employees attending a recertification program approved for the agency by the department.

(r) No credit will be given for time used to promote the sponsor or other activities of the sponsor or for time used for organizational, political, procedural, or other nonrelevant activities.

(s) Applicators will recertify through a self-certification program. Each applicator will be required to maintain proof of the number of CEUs necessary to renew a license or certificate. Certificates of completion verifying attendance at approved activities during the previous licensing period must be maintained by the applicator for a period of 12 months after the most recent renewal of their license or certificate. The department may audit the CEUs an applicator has obtained during an onsite inspection or by letter requesting that copies of certificates of completion be mailed to the department. Certificates of completion will be compared with course attendance rosters on file with the department. Credits obtained at a single course cannot be split or divided between licensing periods.

(t) Except as provided in paragraph (1) of this subsection, each commercial or noncommercial applicator must obtain at least five CEUs prior to the expiration of the license. A minimum of one hour each must be obtained from two of the following categories: integrated pest management, laws and regulations or drift minimization.

(1) For commercial or noncommercial applicators certified in the aerial application category, three of the required five CEUs must be associated with aerial application operations to include one CEU each in:

(A) laws and regulations;

(B) drift minimization; and

(C) pesticide safety activities addressing human factors. "Human factors" in aerial application is the portion of the aerial application mission which is guided or influenced by human characteristics. This includes pre-flight, post-flight, and cockpit decision-making that affects the safe operation of the aircraft, the pilot, farm workers, bystanders, or those that may be affected by the aircraft during its pesticide application mission.

(2) A commercial or noncommercial applicator may not recertify using department-approved correspondence activities for two consecutive years.

(u) An applicator who becomes unlicensed in any licensing year may not be relicensed for 12 months unless all CEUs required for the last year of licensing are completed. Until the 12-month period has elapsed, applicators are prohibited from retesting under §7.22 of this chapter (relating to Licensing of Applicators).

(v) Private applicators must recertify as follows:

(1) Each licensed private applicator must obtain 15 CEUs within a five-year period including at least two CEUs in laws and regulations and two CEUs in integrated pest management.

(2) Each licensed private applicator must obtain 15 CEUs prior to their license expiration date.

(3) Private applicators issued a certificate prior to January 10, 1989, may fulfill their recertification requirement on a one-time only basis by completing the Extension private applicator training program, attaining a passing score on the private applicator test, and obtaining a private applicator license. Certified private applicators who choose not to license but wish to maintain certification under a certificate issued prior to January 10, 1989, will be required to recertify as specified for licensed private applicators in this subsection.

(4) Private applicators have the option of forgoing continuing education requirements for a recertification period by following these procedures:

(A) Take and pass a comprehensive examination administered by the department which will contain questions relevant to those topics which would be covered at various continuing education activities. A certificate of completion worth 15 CEUs will be issued by the department upon a passing score being attained by the applicator.

(B) If the applicator fails the examination, subsequent attempts will be allowed until a passing score is attained. If a passing score is not attained, the applicator may obtain the required CEUs pursuant to this subsection.

(C) Pay a required fee of $64 for the administration of each recertification examination.

(5) A private applicator may not obtain more than 10 CEUs through correspondence activities in any five-year recertification cycle.

(w) Failure to comply with the continuing education requirements for commercial, noncommercial and private applicators will:

(1) result in nonrenewal of an applicator's license or certification until the necessary credits for continuing education are attained;

(2) prohibit the applicator from retesting for a new license in lieu of meeting recertification requirements until one year after the expiration of the license;

(3) require the applicator to take and pass comprehensive department examinations for general knowledge and for each category in which the applicator seeks to be licensed if the applicator does not recertify and renew in one year following the expiration of the license;

(4) require retraining of a commercial, noncommercial, or private applicator for categories or subcategories requiring special training if the applicator does not recertify and renew in one year following the expiration of the license; and

(5) subject a noncompliant applicator to administrative, civil, or criminal penalties and/or license or certificate revocation, suspension, modification, or probation for failure to comply with continuing education requirements if the applicator operates under a license that has not been renewed.

(x) An applicator may seek credit for a continuing education activity that has not been submitted by the sponsor to the department, and the department will evaluate the supporting documentation of the course and assign the appropriate number of credits for the activity. To be eligible for accreditation, the following conditions must be met:

(1) the activity must contain course content of the highest standards;

(2) the activity must be sponsored by an in-state or out-of-state institution of higher education, or an out-of-state regional or national association, or the state or federal government;

(3) the activity must be in an area directly related to the activities of a commercial, noncommercial, or private applicator;

(4) the applicator shall provide the department with sufficient information describing activity content including the time allotted to each aspect of the activity, identification of the sponsor, the instructor's name and address, proof of attendance, and date, time, and place of the activity; and

(5) the information for the desired credit must be submitted within 60 days after completion of the activity.

(y) An applicator may file a written request for an extension of time for compliance with any deadline in these rules. Such request for extension may be granted by the department if the applicator files appropriate documentation to show good cause for failure to comply timely with the requirements of this subsection. Good cause means illness, extended medical disability, military deployment, or other extraordinary hardship which is beyond the control of the person seeking the extension.

(z) Applicators licensed as both private and commercial or noncommercial may satisfy requirements for private applicator recertification by meeting the recertification requirements for commercial and noncommercial applicators.

Source Note: The provisions of this §7.24 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective November 2, 2005, 30 TexReg 7035; amended to be effective May 4, 2008, 33 TexReg 3569; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective January 1, 2016, 40 TexReg 9615; amended to be effective March 9, 2023, 48 TexReg 1286