WSR 14-24-031 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed November 21, 2014, 2:51 p.m., effective December 22, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: Housekeeping changes were made to correct a rule reference error in WAC 16-228-1546 (1) and (2), created when the soil fumigation RMM category was added to WAC 16-228-1545(3). The reference to these categories was not updated and incorrect categories have been referenced since the soil fumigation RMM category was inserted into WAC 16-228-1545 (3)(g), changing the lettering order of the subsequent, existing categories including changing the agricultural insect and disease category from (h) to (i) and the aquatic category from (t) to (u).
Citation of Existing Rules Affected by this Order: Amending WAC 16-228-1546.
Statutory Authority for Adoption: RCW 15.58.040 and 17.21.060.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-19-048 on September 10, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 21, 2014.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 13-02-024, filed 12/20/12, effective 1/20/13)
WAC 16-228-1546 What are the requirements for a private applicator license?
(1) To qualify for a private applicator license, an individual must pass a private applicator examination. The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. Reading of exams by an individual other than the applicant is not permitted. Individuals holding valid, passing scores on the laws and safety examination, or equivalent, or the dealer manager exam, and one of the classifications in WAC 16-228-1545 (3)(a) or (((h))) (i) or the now retired statewide classification, are exempt from this examination requirement.
(2) Private applicators making aquatic applications to water that moves off their own or their employer's agricultural land must obtain the aquatic classification described in WAC 16-228-1545 (3)(((t))) (u). Private applicators applying soil fumigants may obtain the soil fumigation classification described in WAC 16-228-1545 (3)(g) as an option to meet label required active ingredient training.
(3) A passing score of seventy percent is established for the examinations required under this section. The department may establish separate passing scores for the examinations if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.
(4) The department may waive the examination requirements contained in this section for any person holding a valid certification with similar classifications from an EPA or Canadian approved federal, state or provincial certification program with comparable examination and recertification standards.
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