N.J. Admin. Code § 7:30-6.9

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

Section 7:30-6.9 - Denial, suspension, or revocation of commercial pesticide applicator license

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

1. Deny an application for a commercial pesticide applicator license;

2. Revoke a commercial pesticide applicator license;

3. Suspend a commercial pesticide applicator 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 and licensing needed;

4. Making a pesticide application which is not in accordance with the pesticide label, except as allowed by the US EPA, or not in accordance with administrative actions on a specific pesticide(s) taken by the US 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 N.J.A.C. 7:30-10.1(a);

5. Operating faulty or unsafe application equipment;

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

7. Failing to keep or falsification of required records;

8. Falsifying or making misleading statements in the application for a commercial pesticide applicator license;

9. 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;

10. Using another person's certification or license;

11. Advertising a false pesticide applicator or business license number or advertising in such a manner as to imply Department approval of the applicator, or of the pesticides or techniques used by the applicator; or

12. Receiving disciplinary action for committing any of the acts in (b)1 through 11 above in another state, territory or tribal jurisdiction;

(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 applicator license which has been revoked or suspended in this State or in any other state, territory or tribal jurisdiction, shall be allowed to apply pesticides under the direct supervision of any licensed pesticide applicator during the time period in which the revocation or suspension is in effect.

1. If a commercial pesticide applicator license is revoked or suspended, 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, 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 of issuance of the order.

N.J. Admin. Code § 7:30-6.9

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.