N.J. Admin. Code § 7:30-5.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-5.7 - Denial, suspension, or revocation of commercial pesticide operator license

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

1. Deny a license application for a commercial pesticide operator;

2. Revoke a commercial pesticide operator license;

3. Suspend a commercial pesticide operator 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 the provisions of the Act or this Chapter or any Order issued by the Department pursuant thereto;

2. Operating in such a manner so as to cause harm, injury or damage to persons, property or the environment, or a significant risk of harm, injury or damage;

3. 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, or the degree of certification needed;

4. Making a pesticide application not in accordance with the pesticide label, except as allowed by the EPA, or not in accordance with administrative actions on specific pesticide(s) taken by the EPA, or not in accordance with the specifications of a special local need registration or not in accordance with use restrictions imposed by the Department under the authority of 7:30-10.1(a).

5. Applying any pesticide to an agricultural crop where any person other than those engaged in the application is present within the boundaries of the target site at the time of application;

6. Falsifying or making misleading statements in the application for a commercial pesticide operator license;

7. 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;

8. Using another person's certification or license with or without the other person's knowledge.

(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 will review and may suspend or revoke the license of any person so assessed or convicted.

(d) No person having a commercial pesticide operator license which has been revoked or suspended shall be allowed to become licensed as a commercial pesticide applicator or to apply pesticides under the direct supervision and in the line-of-sight of a licensed pesticide applicator who is physically present at the application location, during the time period in which the revocation or suspension is in effect.

1. If the license of a commercial pesticide operator is suspended, revoked, or is otherwise invalidated, the license shall be returned to the Department, Pesticide Control Program within 14 days of such revocation or suspension.

(e) Where the Department acts pursuant to (a) above, the Department shall afford a hearing pursuant to the Administrative Procedure Act, 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 of issuance of the order.

N.J. Admin. Code § 7:30-5.7

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 substituted.
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.