(1) The
department shall ascertain that the means establishing financial responsibility
filed by the applicant fully complies with the act, and fully satisfies the
rules adopted thereunder, prior to issuance of any license. The information
demonstrating financial responsibility shall be submitted on forms of the type
approved by the department. License application approval shall not be granted
until a complete copy of the bond, verification of the indemnity trust fund
deposit, or a certificate or binder of insurance coverage is filed along with
the license application. The licensee shall provide a complete copy of the
insurance policy upon written request of the department. In the event the applicator
options to utilize a liability insurance policy as the means of establishing
financial responsibility, then and in that event, the applicator has the duty
and responsibility, to ascertain that the policy proposed to be submitted
provides chemical damage coverage for every pesticide proposed to be applied
during the licensing period. In the event applicator's proposed policy of
insurance
contains exclusions against coverage of one or more chemicals applicator
proposes to apply, then and in that event, the applicator may submit the
proposed insurance policy to provide such coverage as it affords but the applicator
must, in addition thereto, provide evidence of financial responsibility to
indemnify the public against chemical damage arising out of the use, misuse, or
attempted use of each and every chemical proposed to be used or applied which
is excluded from coverage of the proposed liability insurance policy. The
amount of additional coverage shall be in the minimum amount required under ARM
4.10.101 and the means to be utilized shall be the options provided in ARM
4.10.102 (1) (b) or (c) .
(2) The department shall be notified by
registered mail ten (10) days prior to any proposed modification of the
liability insurance policy or surety bond requested by the licensee. Such
modification must be approved by the department before the proposed
modification can become final. Ten (10) days notice by registered mail to the
department is required prior to the surety or insurer cancelling the licensee's
surety bond or liability insurance, and prior to settlement of claims made
against licensee's bond or insurance. Modification of the indemnity trust fund,
for any reason by any party, shall not be completed until the department has
approved the proposed modification by written authorization to the licensee and
the bank, trust, or other financial official or institution.
(a) If the financial responsibility is to be cancelled, the requirements and
procedures established in ARM 4.10.108 shall be followed.