N.Y. Comp. Codes R. & Regs. tit. 6 § 325.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.13 - Denial, suspension or revocation of certified pesticide applicators and technician certification

(a) The department may deny an application for a certification identification card or may suspend, revoke or otherwise modify such identification card once issued, for reasons including, but not limited to, the following:

(1) any statement in the application or upon which the identification card was issued is or was false or misleading;

(2) the applicant or certified pesticide applicator has been convicted of a felony;

(3) the applicant or certified pesticide applicator applied or used any pesticide contrary to the registered label, labeling usage or usages that have been approved, modified or expanded and approved by the department;

(4) the applicant or certified pesticide applicator has been found to have engaged in fraudulent business practices in the application of pesticides;

(5) the applicant or certified pesticide applicator has failed to comply with any provision of article 33, title 3 of article 15 of the Environmental Conservation Law, or rules and regulations of the department made pursuant thereto;

(6) the applicant or certified pesticide applicator has failed to demonstrate sufficient knowledge and experience concerning the proper use and application of pesticides;

(7) the applicant or certified pesticide applicator has falsified any records or reports or has failed to maintain such records or reports required by this Part or any applicable statute; or

(8) the applicant or certified pesticide applicator has been convicted of a criminal violation under section 14(b) of the Federal Insecticide, Fungicide and Rodenticide Act ( 7 U.S.C. 135 et. seq.) hereinafter referred to as FIFRA, as amended, or has been made subject to a final order imposing a civil penalty under section 14(a) of FIFRA, as amended.

(b) An applicant or certified pesticide applicator must be given the opportunity of a hearing upon at least 20 days advance notice, prior to any such proposed denial, suspension, revocation or material modification.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.13