3.3 Utah Testing & Licensing Procedure: Proctoring, Retests, Temporary Permits & Reciprocity

3.3 Utah Testing & Licensing Procedure: Proctoring, Retests, Temporary Permits & Reciprocity

Utah writes its testing and licensing mechanics into rule rather than leaving them to agency practice, which makes them fair game for exam questions. The controlling sections are R68-7-10 (commercial testing), R68-7-11 (commercial issuance and renewal), R68-7-12 (non-commercial), R68-7-13 (private), and R68-7-14 (federal employees, out-of-state applicants, and changes to license information).

1. Age and Basic Eligibility

R68-7-6(4) and R68-7-8(1) both state the same threshold: a pesticide applicator shall be at least 18 years of age to obtain a commercial, non-commercial, or private license.

There is one narrow carve-out, and it is not a licensing pathway. Under R68-7-6(6) and R68-7-13(1)(a)(i), a person at least 16 years of age may apply restricted-use pesticides under the direct supervision of a certified applicator who is also an immediate family member, under the family exemption of the EPA Worker Protection Standard, and only on the privately owned agricultural establishment of that family member. Any other 16- or 17-year-old cannot apply restricted-use pesticides at all.

2. The Core-Then-Category Sequence

+-----------------------------------------------------------------------------+
|                 UTAH APPLICATOR TESTING SEQUENCE (R68-7-10)                 |
|                                                                             |
|  [1] Pay licensing fees to UDAF -> obtain RECEIPT OF LICENSE PAYMENT        |
|                                   |                                         |
|  [2] Choose an approved testing center from the department's website        |
|                                   |                                         |
|  [3] Present the receipt + valid government-issued ID to the proctor        |
|                                   |                                         |
|  [4] PASS THE CORE TEST at 70% -- required BEFORE any category test         |
|                                   |                                         |
|  [5] PASS AT LEAST ONE CATEGORY TEST at 70%                                 |
|                                   |                                         |
|  [6] Complete the department's completion form online                       |
|                                   |                                         |
|  [7] Temporary permit emailed automatically (30 days) -> license issued     |
+-----------------------------------------------------------------------------+

Every pesticide applicator test shall be proctored at a department-approved testing center. A private applicator test may also be proctored by a local Utah State University Extension agent. Testing fees are set by the testing center, not by UDAF, and the center's rules take precedence over the department's during the test if they are more restrictive.

3. Passing Scores and the Retest Rule

• 70% is the minimum on the core test and on each category test.
• The core test must be passed before any category test may be attempted.
• At least one category test must be passed before a license may be obtained.
• R68-7-10(1)(n): if the minimum score of 70% is not obtained after two attempts, the candidate shall wait at least 24 hours, pay any additional retest fees to the testing center, and begin retesting on the failed tests.

Read that last rule carefully — the 24-hour wait attaches after the second failure, not the first. The same language appears for non-commercial candidates at R68-7-12(4)(k) and for private candidates at R68-7-13(3)(l).

4. Temporary Permits

On successful completion of the core test in conjunction with a category test, and once other department requirements are met, a temporary pesticide applicator permit is issued automatically by email. Key facts:

• It expires 30 days from the date of issuance.
• It is invalid if only the core test was passed and no category test was completed.
• A restricted-use pesticide dealer who sells to a holder of a temporary permit must keep a copy of that permit on file for at least two years (R68-7-15(4)(n)).

5. Cheating and Testing Misconduct

Cheating, ejection from testing, or failure to follow department or testing-center rules may, at the department's discretion, constitute a violation of the rule and a basis for denying a license application. For non-commercial and private candidates the rule labels such conduct fraud. Applicants remain subject to state and federal law and department rules whether or not they pass. Separately, R68-7-20(31) lists cheating on any pesticide test required by the department as an unlawful act.

6. Out-of-State Applicants and Federal Employees

Out-of-state testing. An out-of-state applicator may take the applicable Utah tests in their own state, using a proctor approved by the department, and bears the costs of out-of-state testing and licensing.

Reciprocity. An applicator holding a current, valid certification from another state may apply to UDAF with: the required fees; a true copy of their credentials, front and back; a front and back copy of government-issued identification; and a letter of good standing sent directly to the department by the other state's licensing entity confirming current licensure and good standing. On review, the department may issue a Utah license for the categories in which the applicant is certified elsewhere, without requiring testing. Out-of-state applicators applying pesticides in Utah are subject to Utah law.

Federal employees. Federal government employees certify as non-commercial applicators by passing the core test and any applicable category tests. Those holding a valid current license from another state may be exempt and issued a reciprocal license. A federal agency with an EPA-approved certification plan that meets or exceeds Utah standards may qualify its employees for reciprocal certification.

7. Emergency Use Permit

R68-7-13(5) allows the department, at its sole discretion, to issue an Emergency Use Permit letting a single individual, at a single location, apply a restricted-use pesticide in a situation the department determines is an emergency. It substitutes for a private applicator license in that one instance only; any subsequent purchase or use of a restricted-use pesticide requires the department's written consent. Permits are issued in accordance with 40 CFR 166.

8. Duties That Attach After the License Issues