New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 400 - CONTINUED STATUS
Part Pes 404 - CEASE AND DESIST ORDERS
Section Pes 404.01 - Order to Cease and Desist
Universal Citation: NH Admin Rules Pes 404.01
Current through Register No. 40, October 3, 2024
(a) When the division believes that a person is using or intending to use a pesticide in a manner which violates any of the provisions of RSA 430:28-50 or the administrative rules of the board, Pes 100 through 1100, the division shall order the person to cease and desist the use of the pesticide as mandated by RSA 430:42, II.
(b) Cease and desist orders shall be subject to the following provisions:
(1) A cease and
desist order shall take effect immediately upon issuance and remain in effect
until released by the division;
(2)
Failure to comply shall result in revocation of any registration or permit
issued under RSA
430:33 and shall subject the person to
penalties set forth in
RSA
430:45;
(3) Cease and desist orders shall be made in
writing on a form prescribed by the division and shall include, but not be
limited to, the following:
a. Date and time of
order;
b. Name and address of
person to whom the order has been issued;
c. Reason for issuance; and
d. Signature of the director;
(4) Cease and desist orders shall
be issued and served through the mail or in the field after such decision has
been made between the director and the inspector involved;
(5) A recipient of a cease and desist order
may request a hearing before the division;
(6) Such request for a hearing shall:
a. Be in writing;
b. Be received within 10 days of issuance of
the order; and
c. State the reasons
for the request;
(7) The
division shall hold a hearing, according to the procedures set forth in
RSA
541-A:31-41 and Agr 200, on the request
within 20 days of receiving it;
(8)
The division shall rescind the order upon being satisfied, after investigation,
hearing, or both, that the order has been complied with or that there was not
justification for issuance of the order based on a challenge by the
recipient;
(9) The order rescinding
the cease and desist order shall be in writing; and
(10) Decisions rendered by the division
pursuant to (f) above may be appealed to the board as provided under
RSA
430:42, II.
#10198-B, eff 10-3-12 (from Pes 205.01)
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