20-20-214. Denial, suspension, revocation, or modification of licenses or permits — Grounds.

20-20-214. Denial, suspension, revocation, or modification of licenses or permits — Grounds. (a) The State Plant Board may suspend, pending inquiry, for not longer than ten (10) days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify any license or permit or any provision thereof issued under this subchapter if it finds that the applicant or the holder of a license or permit has committed any of the following acts, each of which is declared to be a violation of this subchapter, or has been convicted of a criminal violation of the Federal Insecticide, Fungicide, and Rodenticide Act or has been the subject of a final order assessing a civil penalty for a violation of the Federal Insecticide, Fungicide, and Rodenticide Act: (1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized; (2) Made a recommendation for use or used a pesticide in a manner inconsistent with the labeling registered with the United States Environmental Protection Agency or the board for that pesticide or in violation of the United States Environmental Protection Agency or board restrictions on the use of that pesticide; (3) Applied known ineffective or improper pesticides; (4) Operated faulty or unsafe equipment; (5) Operated in a faulty, careless, or negligent manner; (6) Neglected or, after notice, refused to comply with the provisions of this subchapter, the rules adopted under this subchapter, or any lawful order of the board; (7) Refused or neglected to keep and maintain the records required by this subchapter or to make reports when and as required; (8) Made false or fraudulent records, invoices, or reports; (9) Engaged in the business of applying a pesticide on the lands of another without having a commercial applicator's license; (10) Operated unlicensed equipment; (11) Used fraud or misrepresentation in making application for or renewal of a license, permit, or certification; (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification; (13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this subchapter, conspired with such a licensed or an unlicensed person to evade the provisions of this subchapter, or allowed his or her license, permit, or certification to be used by another person; (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; (15) Impersonated any federal, state, county, or other government official; (16) Distributed any pesticide labeled for restricted use to any person unless the person or his or her agent has a valid license to use, supervise the use, or distribute restricted-use pesticides; or (17) Applied any pesticide by aircraft without a pilot's license or employed a pilot without a license to apply any pesticide by aircraft. (b) Any person requiring a license or permit under this subchapter shall be subject to the penalties provided for by § 20-20-204.