New Mexico § 76-4-17 - Commercial pesticide applicator license

§ 76-4-17. Commercial pesticide applicator license

A. It is unlawful for any person to engage in the business of applying pesticides

at any time to land not owned or occupied by him without a commercial pesticide applicator

license issued by the department. The commercial pesticide applicator shall pay an annual prescribed fee for each

license issued. Should any apparatus fail to pass inspection making it necessary for an additional

inspection to be made, the department shall require a prescribed inspection fee. In addition to the required inspection, additional inspections may be made to determine

if equipment is properly calibrated and maintained in conformance with the Pesticide

Control Act and regulations adopted pursuant thereto. B. Application for a license shall be on a form provided by the department. C. The department shall not issue a commercial pesticide applicator license until

the applicant has passed an examination to demonstrate his knowledge of how to apply

pesticides under the classification or classifications he has applied for, and his

knowledge of the nature and effect of pesticides he may apply. The department shall charge the prescribed examination fee for the initial examination

and other examinations needed to qualify the applicant to apply pesticides. D. The department shall renew any applicant's license under the classification for

which the applicant is certified; provided that the applicant's license is not under

a suspension or revocation order and he has met the provisions of the Pesticide Control

Act. E. The department shall not issue a commercial applicator license if it has been determined

that: (1) the applicant has been convicted within the last five years of a felony involving

fraud; (2) the applicant has had revoked within the last two years a previous license authorized

by the Pesticide Control Act; (3) the applicant has been unable to satisfactorily fulfill the certification requirements;

or (4) the applicant has had any pesticide application or a license denied, revoked or

suspended in any state in the last five years. F. All applicants for a commercial applicator license shall meet at least one of the

following requirements prior to being issued a license and shall file proof of compliance

as specified by the department: (1) documentation of two years of pesticide application experience in the category

or related category for which application is being made; or (2) documentation of one year of pesticide application experience in the category

or related category for which application is being made and not less than twenty college

credit hours in biological or agricultural sciences.