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Terms Used In Maryland Code, AGRICULTURE 8-803

  • including: means includes or including by way of illustration and not by way of limitation. See
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) To apply for certification as a nutrient management consultant, an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the certification fee stated in § 8-806 of this subtitle.

(b) The Department shall certify any individual who:

(1) Meets the requirements of this subtitle;

(2) Meets the Department’s educational requirements, including a program on the proper application of nutrients;

(3) Passes a Department approved examination; and

(4) (i) Is employed by a person licensed under this subtitle; or

(ii) Holds a license as required by this subtitle.

(c) To apply for a license an applicant shall:

(1) Submit to the Department an application on the form the Department requires; and

(2) Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.

(d) The Department shall license a person who meets the requirements of this subtitle.

(e) A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

(f) The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

(1) Submits a renewal application on the form that the Department requires;

(2) Pays to the Department the applicable fee stated in § 8-806 of this subtitle;

(3) Complies with applicable continuing education requirements;

(4) Complies with applicable record keeping and reporting requirements; and

(5) Otherwise is entitled to be certified or licensed.

(g) (1) The Department may issue a farm operator’s plan development certificate to a person operating a farm for the development of that person’s own nutrient management plan.

(2) The certificate is valid provided the person operating the farm:

(i) Has paid the one-time fee provided in § 8-806 of this subtitle;

(ii) Has passed an examination as determined by the Department;

(iii) Complies with applicable continuing education requirements;

(iv) Complies with applicable record keeping and reporting requirements; and

(v) Otherwise is entitled to be certified.

(h) A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:

(1) Implementation of the Phosphorus Management Tool developed by the University of Maryland; and

(2) Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.

(i) In addition to any penalty authorized under § 8-805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.