2.3 Annual Renewal, the 5-Year Recertification Cycle & Credits

2.3 Annual Renewal, the 5-Year Recertification Cycle & Credits

New Hampshire runs two separate clocks, and mixing them up is a classic exam error.

+------------------------------------------------------------------+
|  CLOCK 1 - ANNUAL RENEWAL (Pes 401)                              |
|  Certificates of registration, permits, business registrations,  |
|  and dealer licenses all run to DECEMBER 31 and are renewed      |
|  annually with a fee and the preceding year's use records.       |
+------------------------------------------------------------------+
|  CLOCK 2 - 5-YEAR RECERTIFICATION (Pes 402)                       |
|  The underlying certification is recertified once every five     |
|  years, by December 31 of the fifth year, using approved credits |
|  OR by retaking the examinations.                                |
+------------------------------------------------------------------+

You renew every year. You recertify every fifth year. Missing the annual renewal is a delinquency problem; missing the fifth-year credits sends you back to the exam room.

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Annual renewal (Pes 401, RSA 430:33)

RSA 430:33, I makes the annual renewal conditional on records: "Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration."

That is the statutory hook connecting Pes 900 recordkeeping to your ability to keep working. Under Pes 402.01(n) and 402.02(n), applicators also submit all certificates of attendance from recertification seminars to the Division at the end of each calendar year when renewing.

Pes 401.01 covers renewals and delinquent renewals; Pes 401.02 covers denials, revocations, and modifications, which the Division may impose to bring a person into compliance.

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Commercial recertification (Pes 402.01)

A commercial applicator recertifies in one of two ways:

1. Retake the examinations under Pes 304 during the last year of the recertification cycle; or
2. Accrue approved credits by attending Division of Pesticide Control approved seminars.

The credit requirement - read it precisely

Pes 402.01(o)(2) requires all of the following:

• Credits are calculated under Pes 402.01(i), at one credit per hour of qualifying subject matter (Pes 402.01(j)).
• Credits are obtained during the 5-year period ending December 31 of the applicant's fifth year of certification.
• The applicant has renewed certification annually during that 5-year period.
• The applicant has accrued at least 12 credits per category in which he or she is certified - except that a person certified in 5 or more categories is not required to obtain more than 48 credits during the period.

Two details candidates routinely miss: the requirement is per category, not a flat 12; and the 48-credit cap exists for multi-category applicators.

Pes 402.01(q): an applicator who adds a category mid-cycle must obtain all needed credit in the new category by the end of the fifth year of the current cycle - adding a category does not restart the clock.

Pes 402.01(p): credits may be earned in any year of the five-year period. There is no rule requiring them to be spread evenly.

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Private recertification (Pes 402.02)

Private applicators holding permits for restricted pesticides recertify by attending approved seminars or by passing an examination under Pes 305 administered during the last year of the cycle.

• Pes 402.02(o): provided the applicator has renewed the permit annually, the applicator is recertified by December 31 of the fifth year by obtaining 15 credits.
• Pes 402.02(r): the applicator needs 15 credits for each commodity group in which they were originally certified or permitted.
• Pes 402.02(q): an applicator who chooses re-examination instead must obtain a passing grade of 60.
• An applicator lacking the total required credits shall retake the exams in order to renew the permit.
• Pes 402.02(u): recertification must be completed and documented to the Division by December 31 of the designated recertification year and before the permit is renewed.

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What counts as an approved seminar

UNH Cooperative Extension, industry groups, pesticide manufacturers, and others may hold recertification seminars. Approved subject matter (Pes 402.01(c)) is limited to:

1. new application methods;
2. new pest control methods in the category of registration;
3. new developments in equipment;
4. new laws and rules;
5. precautionary techniques used to safeguard the environment; and
6. other information related to new technology in pesticide application.

The approval mechanics

• The sponsor requests approval no less than 30 days in advance, on a Division form, with title, date, location, sponsor contact, agenda, speaker biographies, topic summary, and whether the seminar is for commercial or private applicators.
• The Division may accept a shorter lead time for matters involving public health and safety, invasive species, insect or disease outbreaks, or other circumstances demanding immediate attention.
• The Division notifies the contact person within 21 days whether the seminar is approved and how many credits it carries.
• The sponsor sends the attendance list to the Division within 10 days after the session and hands out certificates to currently certified applicators.
• The certificate must show the applicator's name and address, the seminar name and date, the number of credits approved, and a place for the applicator's signature (private-applicator certificates also require the sponsor's signature).

Out-of-state and online training

Pes 402.01(t)-(u): seminars approved by the state lead agency for pesticide regulation of another state are treated as Division-approved. The Division accepts an out-of-state certificate of attendance as verification if it is produced by that state lead agency or by cooperative extension, bears that agency's identification, and contains the attendee name, seminar name, date, number of credits approved, and attendee signature.

Online education is permitted, but the online course must be approved by a state pesticide program. Approved online opportunities are offered through UNH Cooperative Extension eLearning, and the Division maintains the list of approved online trainings and their credit values.

When credit is denied (Pes 402.01(s))

The Division denies credit if the application for recertification credits missed the 30-day deadline, the session did not fulfill the requirements on which approval was based, or the attendee was not present for the total seminar. Leaving a four-hour seminar at the halfway point does not earn two credits; it earns none.

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Worked example

An applicator is certified in G1, G2, and B, and is in year four of a five-year cycle with 19 credits banked.

• The requirement is 12 credits per category, so three categories means 36 credits. The 48-credit cap does not apply, because the cap only relieves applicators certified in five or more categories.
• The applicator needs 17 more credits before December 31 of the fifth year.
• Credits may all be earned in the final year - Pes 402.01(p) allows attendance in any year of the period.
• If the applicator adds category D in year five, the D credits are still due by the end of this cycle, not a new one.
• If the applicator finishes the cycle short, the only route to renewal is retaking the Pes 304 examinations - general, regulations, and a category exam for each of G1, G2, and B - at the applicable passing grade.
• Throughout, the applicator must also have renewed annually each December. Credits alone do not satisfy Pes 402.01(o)(2)c.