Virginia Administrative Code
Title 2 - AGRICULTURE
Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT
Part V - Revocation, Suspension or Denial of Business Licenses
Section 2VAC5-680-100 - Summary suspension by commissioner
Current through Register Vol. 41, No. 3, September 23, 2024
A. The commissioner may suspend the pesticide business license of any person, without a hearing, simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment that warrants this action. Situations that may warrant suspension include, but are not limited to, the following:
B. The commissioner shall institute proceedings for a hearing pursuant to § 2.2-4020 of the Code of Virginia simultaneously with any summary suspension. Subject to any provision of procedure or chapter of the board for the processing of violations not inconsistent with this chapter:
The commissioner or a conference officer appointed by the commissioner shall offer the person whose license has been summarily suspended (hereinafter "the respondent") an opportunity to appear in an informal conference, authorized by § 2.2-4019 of the Code of Virginia, to be held within three days after the summary suspension. The informal conference may consider, subject to any provision of the board for the processing of violations, all matters relating to the summary suspension, including but not limited to the withdrawal, sustaining, or modifying thereof. Nothing in this section authorizing consideration of matters by an informal conference shall be construed to deny a respondent's right to a hearing.
C. No person may operate a pesticide business at any time when his license is suspended.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.