Sec. 76.110.  COMMERCIAL AND NONCOMMERCIAL APPLICATOR EXAMINATION;  RECIPROCAL AGREEMENTS.  (a)  Each person applying for a license as a commercial applicator or a noncommercial applicator must pass an examination demonstrating that the person:
(1)  is properly qualified to perform functions associated with pesticide application to a degree directly related to the nature of the activity and the associated responsibility;  and
(2)  has knowledge of the use and effects of restricted-use and state-limited-use pesticides or regulated herbicides in the license use categories and subcategories in which the person is to be licensed.
(b)  Not later than the 30th day after the date on which a licensing examination is administered under this section, the appropriate regulatory agency shall notify each examinee of the results of the examination.  However, if an examination is graded or reviewed by a national testing service, the appropriate regulatory agency shall notify examinees of the results of the examination not later than the 14th day after the date on which the appropriate regulatory agency receives the results from the testing service.  If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the appropriate regulatory agency shall notify the examinee of the reason for the delay before the 90th day.  The appropriate regulatory agency may require a testing service to notify examinees of the results of an examination.
(c)  If requested in writing by the person who fails a licensing examination administered under this section, the appropriate regulatory agency shall furnish the person with an analysis of the person's performance on the examination.
(d)  The appropriate regulatory agency may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license requirements substantially equivalent to those of this state.
Acts 1981, 67th Leg., p. 1199, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 94, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 1.20, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.