N.J. Admin. Code § 7:30-3.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-3.11 - Denial, suspension, or revocation of pesticide dealer license

(a) The Department, when it determines that grounds exist, may:

1. Deny an application for a license as a pesticide dealer;

2. Revoke a pesticide dealer license;

3. Suspend a pesticide dealer license;

(b) Each of the following acts shall constitute a ground for which any of the disciplinary actions described in (a) above may be taken:

1. Refusing or, after notice, failing to comply with provisions of the Pesticide Control Act or this chapter, or any Order issued by the Department pursuant thereto;

2. Making false or fraudulent claims through any form of written or verbal communication, misrepresenting the effect of any pesticide or application methods to be utilized;

3. Falsifying or making misleading statements in the application for pesticide dealer certification or licensing;

4. Falsifying or failing to keep required records;

5. Allowing the dealer license to be used by any person for any purpose which will evade or be in violation of the provisions of the Act or this chapter;

6. Evading or attempting to evade the provisions of the Act or this chapter, or aiding, abetting, combining with, or conspiring with any person for any purpose which will evade or be in violation of the provisions of the Act or this chapter;

7. Selling or distributing a pesticide in such a manner as to cause harm, injury or damage or a significant risk of harm, injury or damage to the public health, safety or welfare or the environment.

(c) In the event of the issuance of a final order assessing a civil penalty under Section 14(a) (7 U.S.C. § 136(l)) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. §§ 135 et seq.) or a criminal conviction under Section 14(b) (7 U.S.C. § 136(l)), the Department shall review and may suspend or revoke the license of any person so assessed or convicted.

(d) Where the Department acts pursuant to (a) above, the Department shall afford a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, to any person who is aggrieved by the order and who has applied to the Department for a hearing within 20 days after issuance of the order.

(e) The dealer shall return the certified dealer license to the Department, Pesticide Control Program within two weeks of a suspension or revocation.

N.J. Admin. Code § 7:30-3.11

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Old text deleted and new text added.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Recodified from 3.9.
Recodified from N.J.A.C. 7:30-3.10 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote the section. Former N.J.A.C. 7:30-3.11, Reciprocity, recodified to N.J.A.C. 7:30-3.12.