Current through Register No. 40, October 3, 2024
(a)
The division shall deny certification, license or a permit if the applicant:
(1) Is found to be unqualified to apply or
distribute pesticides as established by
RSA
430:33 I and II, and
RSA
430:35; or
(2) Has not met the competency requirements
under Pes 300.
(b) The
division, after a hearing, shall revoke or deny certification, license or a
permit if it finds that the holder or applicant has:
(1) Engaged in fraudulent business practices
in the application of pesticides;
(2) Committed violations of
RSA
430:28-50 or these rules with flagrant
disregard for such statute, rules, or both;
(3) Been found to have been a habitual
violator of RSA
430:28-50 or these rules;
(4) Committed violations, the gravity of
which has a significant impact on public health, the environment, or
both;
(5) Committed violations
which indicate a lack of competence including a lack of knowledge of
RSA
430:28-50 and these rules;
(6) Has been convicted of a violation of the
Federal Insecticide, Fungicide and Rodenticide Act or is subject to a final
order imposing a civil penalty under section 14 of said Act or under
RSA
430:45, II; or
(7) Made any application in a negligent
manner so as to:
a. Harm or pose a threat of
harm to human health, domestic animals, wildlife or the environment;
or
b. Render the pesticide applied
ineffective for its intended use.
(c) Notwithstanding (b) above, the division,
after a hearing, shall suspend certification, a license or permit if it finds
that the holder has violated
RSA
430:28-50, Pes 100-1100, or both, if:
(1) There is not a history of repeated
violations;
(2) The violations
under (b)(2) above were not flagrant or with disregard for
RSA
430:28-50 or these rules;
(3) The violations committed did not have an
impact on public health or the environment; and
(4) The violations were not a result of lack
of competency.
(d)
Notwithstanding (b) and (c) above, the division, after a hearing, shall modify
certification, a license or permit if:
(1) It
finds that the holder of these documents has committed violations pursuant to
(c) above;
(2) The violations were
not intentional; and
(3)
Modification of the license, permit or certification is deemed appropriate to
bring the person into compliance.
#1058.7, eff 11-22-77; ss by #2209, eff 12-13-82; ss by
#2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by
#8059, eff 5-30-04; ss by #10198-B,
eff10-3-12
