4.10.501    APPLICATION FOR LICENSE

(1)  A person applying for a commercial pesticide dealer's license shall make application for the license on a standard application form provided by the department.  Each application shall be completed in its entirety and the licensing fee paid prior to processing by the department.  Incomplete applications will be returned to the applicant.

(2)  Non-resident applicants shall be required to submit the license application, fee, and a completed form of service of process in the state prior to processing the application by the department.  The form shall be accompanied by the appropriate fee for filing, payable to the secretary of state. The service of process shall remain valid until cancelled or modified.

(3)  A non-resident corporation, which has an effective certificate of authority to transact its business in Montana, filing the service of process shall appoint its own resident agent or attorney upon whom service of process may be made in such causes of action, and such service when so made shall be valid service on the agent or attorney.  Service of process for these corporations shall apply to all employees transacting business in the state.  The corporation shall provide to the department a list of its employees, if more than one, the subsequent revisions of the list for those employees licensed or to be licensed as dealers.

(4)  A non-resident individual or partnership may designate the secretary of state as its lawful agent or attorney upon whom service of process may be made in such causes of action, and such service when so made shall be valid service on the secretary of state.  Service of process for individuals or partnerships shall apply to all employees transacting business in the state.  The individuals or partnership shall provide to the department a list of the employees and subsequent revision of the list for those employees licensed or to be licensed as pesticide dealers.

(5)  A non-resident corporation which does not have an effective certificate of authority from the secretary of state to transact its business in Montana and which does not transact business in Montana so as to require it to procure such a certificate of authority may designate the secretary of state as its lawful agent or attorney upon whom service of process may be made in such causes of action, and such service when so made shall be valid service on the secretary of state.  Service of process for corporations shall apply to all employees transacting business in the state.  The corporation shall provide to the department a list of its employees and subsequent revision of the list for those employees licensed or to be licensed as pesticide dealers.

(6)  Pesticide dealer outlets with a licensed dealer shall be required to list the names and address of all their employee pesticide field men and salesmen employed directly out of the same outlet as the licensed dealer.  These employees traveling and transacting pesticide sales in the state shall be required to possess and carry credentials stating that the employee is transacting business under the name and license number of a licensed dealer.  The department will provide the necessary credentials to the licensed dealer for the field men and salesmen listed on the application.  Dealers may request additional field men or salesmen credentials for new employees provided that the dealers shall return to the department any credentials for those employees terminated or no longer supervised by the dealer.  Dealers and dealer field men or salesmen shall be required upon request to show their license or license credentials to any buyer of a pesticide or to employees of the department.

History: 80-8-105, MCA; IMP, 80-8-105, 80-8-207, MCA; NEW, Eff. 7/5/76; AMD, Eff. 7/4/77; AMD, 1986 MAR p. 1007, Eff. 6/13/86.