New Hampshire Administrative Code

(a) All testimony of parties and witnesses at an appeal hearing shall be made under oath or affirmation. (b) Any person testifying before the board shall state for the record his or her name, address, and if a representative of a party, the identity of the party so represented. (…

The presiding officer, members of the board, and legal counsel to the board may cross-examine witnesses during or at the conclusion of testimony of each witness to develop a complete record for decision. Other parties or their representatives shall have an opportunity to cross-ex…

In the interest of order and decorum, if the presiding officer determines that cross-examination is disruptive to the orderly conduct of the proceedings, the presiding officer shall require cross-examination to be conducted indirectly, by addressing questions through the presidin…

(a) The rules of evidence shall not apply. (b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial or unduly repetitious shall be excluded. The experience, technical competence, and specialized…

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. (b) Without limiting the generality of Pes 202.19(a), all moving parties and all petitioners shall have the burden to show t…

After the conclusion of the hearing, no other evidence, shall be allowed into the record. Notes N.H. Admin. Code § Pes 202.20 #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

(a) Any party or intervenor may request that a hearing conducted pursuant to this part be continued and reconvened or rescheduled for reasonable cause, including the following:(1) Unavailability of an individual party, representative or critical witness; and (2) Other uncontrolla…

The board shall, from time to time, at the request of any party or on its own initiative, recess, adjourn, and continue any hearing as shall be necessary for the orderly conduct of the proceeding. Notes N.H. Admin. Code § Pes 202.22 #6258, eff 5-30-96; ss by #8058, eff 5-30-04; s…

At any time prior to a final decision on the appeal, any party or intervenor may request the presiding officer to reopen the record to consider testimony, evidence or arguments not previously submitted or raised. If the presiding officer determines that such testimony, evidence o…

(a) A decision on the appeal shall be made only after full consideration of the record, and shall be made pursuant to Pes 201.02. (b) A board member shall not participate in making a decision unless he or she personally heard the testimony in the appeal, or unless the appeal's di…

(a) Parties and intervenors may file with the board a motion for rehearing within 30 days of the date of the decision issued by the board pursuant to Pes 202.24. (b) A motion for rehearing shall: (1) Identify each error of fact, error of reasoning or error of law which the moving…

Any party or intervenor may request the board to waive the application of certain rules pursuant to Pes 202. Requests made prior to or subsequent to a hearing shall be made in writing and shall state the basis for the request. Requests made at a hearing may be made orally, statin…

The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to conduct a rulemaking hearing pursuant to RSA 541-A:6. Notes N.H. Admin. Code § Pes 203.01 #4308, eff 9-1-87; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8058, e…

The presiding officer shall: (a) Maintain order during the rulemaking hearing, and order any person causing disorder or a disruption to the orderly conduct of the hearing to leave the hearing room; (b) Recognize speakers who have represented that they wish to speak; (c) Receive a…

The hearing shall proceed as follows: (a) The presiding officer shall make opening remarks; (b) Individuals generally supporting the adoption, amendment or repeal of the rule shall be recognized by the presiding officer to provide comment; (c) Individuals generally objecting to t…

Any individual wishing to speak on the adoption, amendment or repeal of a rule may make oral comment relative to such rule at the rulemaking hearing. Notes N.H. Admin. Code § Pes 203.04 #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

(a) Any individual may submit written comment by either print or electronic media to the board pertaining to the adoption, amendment or repeal of a rule. (b) All written comment by either print or electronic media relative to proposed rulemaking shall be submitted to the board in…

(a) A person may request the adoption, amendment, or repeal of a board rule by filing an original and 2 copies of a rulemaking petition with the board. (b) A rulemaking petition filed with the board shall include the following:(1) The name and address of the petitioner; (2) The n…

(a) The board shall notify the petitioner of any deficiencies in the petition within 15 days of the submission of a petition to adopt, amend, or repeal a rule. (b) Any corrected petition which is filed with the board shall be deemed to be the first submission of the petition for …

(a) Within 30 days after the submission of a rulemaking petition, the board shall either grant or deny the petition. (b) The board shall: (1) Notify the petitioner in writing of a decision to deny the petition with all the reasons for the denial clearly stated; or (2) Notify the …

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board. (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consider…

"Certificate of Registration" means permission granted by the board to a person to engage in the commercial application of pesticides or in the private application of restricted pesticides. Notes N.H. Admin. Code § Pes 301.01 #741, eff 1-18-76; amd by #1756, eff 5-26-81; ss by #2…

"Fumigant" means pesticides that are in a gaseous state at effective temperatures. Notes N.H. Admin. Code § Pes 301.02 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198…

"Minimum Risk Pesticides" means the active ingredients contained in pesticide products exempt from federal registration under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Notes N.H. Admin. Code § Pes 301.03 #150, eff 1-9-74, amd by #1058.6, ef…

"Ornamental" means trees shrubs, and other plantings in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial and institutional buildings. Notes N.H. Admin. Code § Pes 301.04 Ame…

(a) In this section the division shall use the categories corresponding to those used by EPA in 40 CFR 171.3 "Categorization of commercial applicators of pesticides." The letters following the category in parentheses shall be used by the division for coding purposes on registrati…

Every person applying for a registration certificate shall pass examinations prepared and administered by the division pursuant to Pes 304. Notes N.H. Admin. Code § Pes 302.02 #150, eff 1-9-74; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8…

(a) Each applicant for registration shall show proof of financial responsibility consisting of at least the following minimum insurance coverage: (1) For ground application, insurance coverage shall include the following category of coverage and minimum amounts: a. For bodily inj…

(a) The applicant shall satisfy all provisions of these rules for obtaining a certificate of registration within 30 days of the last examination satisfactorily completed by the applicant. (b) If the applicant fails to comply with paragraph (a) of this section, his application sha…

(a) To be eligible to apply for a supervisory registration certificate, as defined in Pes 101.35, the applicant shall satisfy one or more of the following requirements: (1) The applicant shall have: a. Been registered at the operational level for 3 years; b. Been actively working…

To be eligible for registration at the operational level applicants shall have attained their 18th birthday. Notes N.H. Admin. Code § Pes 303.02 #741, eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059…

Janitors using general use pesticides in non-food areas in buildings and property immediately adjacent to buildings, and those using prepackaged general use aerosols or general use aerosol dispensing devices for control of flying insects in food handling areas shall be exempt fro…

(a) All persons applying for commercial applicator registration shall demonstrate by examination a practical knowledge of the principles and practices associated with pest control and the safe use of pesticides. (b) In order to take an examination an applicant shall, prior to the…

(a) There shall be 2 types of examinations, written and oral. (b) There shall be separate written examinations for each fundamental area of study as follows: (1) A general examination, which shall test knowledge of fundamental core principles, including those subject areas listed…

Applicants desiring certification at the operational level shall: (a) Pass the following written examinations as described under Pes 304.02(b): (1) A general examination; (2) A regulations examination at the operational level; and (3) A category examination in each category under…

Applicants desiring certification at the supervisory level shall: (a) Pass the following written examinations as described under Pes 304.02(b): (1) A general examination; (2) A regulations examination at the supervisory level; and (3) A category examination in each category under…

Persons seeking certification as commercial applicators not-for-hire in any category but F2 - Mosquito and Black Fly, shall not be requiredto take oral exams under Pes 304.02(f)(1). Notes N.H. Admin. Code § Pes 304.05 #741, eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff…

Performance testing shall be required in situations where practical demonstration is necessary to assure the competency of the applicator, such as: (a) The use of unique application equipment; (b) The use of unique types of pesticides where application technique is different from…

(a) Commercial applicators applying for examination shall make an appointment with the division. (b) Certification examinations shall be administered by personnel from the department of agriculture, markets and food. (c) Prior to admittance to initial examinations or re-examinati…

(a) The passing grades for examinations shall be 60 percent for operational level applicants and 70 percent for supervisory level applicants. (b) Persons who fail to obtain a passing grade on an examination shall not retake said examination any sooner than 15 days from the date t…

(a) Examinations shall be based in part on examples of problems and situations associated with the particular categories or subcategories in which the applicant desires certification. (b) Examinations shall also include questions on the following: (1) Label and labeling comprehen…

(a) Standards for agricultural pest control (A) shall be specific to the following subcategories as follows: (1) Plant, further subcategorized and the standards for which shall be as follows:a. Fruit (A1) applicants shall demonstrate by examination a knowledge of: 1. The crops to…

Pursuant to the issuance of private applicator permits, private applicators shall be divided into 2 groups as follows: (a) Those desiring to apply general use pesticides only, who shall be issued a general use permit upon submittal of a private applicator permit application provi…

Applicants for private applicator permits shall, at the time of submittal of a permit application, report all pesticide use pursuant to Pes 901 on forms provided by the division. Notes N.H. Admin. Code § Pes 305.02 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-2…

Applications for private applicator general use and restricted use permits issued pursuant to this chapter shall be accepted only from those individuals who have attained the age of 18. Notes N.H. Admin. Code § Pes 305.03 #4812, eff 5-3-90; ss by #4867, eff 7-19-90; ss by #6258, …

All private applicators desiring to be certified to use state restricted use pesticides shall take a written examination as set forth in Pes 305.06. Notes N.H. Admin. Code § Pes 305.04 #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-…

(a) Applicants, after submitting an exam application provided by the division as described under Pes 304.07(e), shall be notified through the division of pesticide control, their local cooperative extension spokesperson or both as to the time and place of examination. (b) Examina…