N.J. Admin. Code § 7:30-8.11

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

Section 7:30-8.11 - Denial, suspension, or revocation of private pesticide applicator license

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

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

2. Suspend a private pesticide applicator license;

3. Revoke a private 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 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 degree of certification needed, or the effect of any pesticide or application methods to be utilized;

4. Making a pesticide application which is 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. Operating faulty or unsafe pesticide application equipment;

6. 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;

7. Failing to comply with restricted entry interval (REI) requirements as provided in N.J.A.C. 7:30-12, or the product label and any days to harvest interval as stated on a pesticide label;

8. Failing to keep or falsification of required records;

9. Falsifying or making misleading statements in the license application for a private pesticide applicator;

10. 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 including, but not limited to, using another persons' certification or license; or

11. Receiving disciplinary action for committing any of the acts in (a)1 through 10 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 private pesticide applicator license which has been denied, 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.

(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 Procedure 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 § 7:30-8.11

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Recodified from 8.10; old text deleted and new text substituted.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Cross reference in (b)7 changed from 9.10 to 9.13.
Amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote section.