§ 143-451. Denial, suspension and revocation of license.

§ 143‑451.  Denial,suspension and revocation of license.

(a)        The Board may deny, suspend, modify, or revoke a licenseissued under this Part if it finds that the applicant or licensee or hisemployee has committed any of the following acts, each of which is declared tobe a violation of this Part:

(1)        Made false or fraudulent claims through any media,misrepresenting the effect of materials or methods to be utilized or sold;

(2)        Made a pesticide recommendation not in accordance with thelabel registered pursuant to this Article;

(3)        Violated any provision of this Article or of any rule orregulation adopted by the Board or of any lawful order of the Board;

(4)        Failed to pay the original or renewal license fee when due,and continued to sell restricted use pesticides without paying the license fee,or sold restricted use pesticides without a license;

(5)        Was guilty of gross negligence, incompetency or misconductin acting as a pesticide dealer;

(6)        Refused or neglected to keep and maintain the recordsrequired by this Article, or to make reports when and as required, or refusingto make these records available for audit or inspection;

(7)        Made false or fraudulent records, invoices, or reports;

(8)        Used fraud or misrepresentation, or presented falseinformation, in making an application for a license or renewal of a license, orin selling or offering to sell restricted use pesticides;

(9)        Refused or neglected to comply with any limitations orrestrictions on or in a duly issued license or permit;

(10)      Aided or abetted a licensed or an unlicensed person to evadethe provisions of this Article, combined or conspired with such a licensed orunlicensed person to evade the provisions of this Article, or allowed one'slicense to be used by an unlicensed person;

(11)      Impersonated any state, county, or city inspector orofficial;

(12)      Stored or disposed of containers or pesticides by means otherthan those prescribed on the label or adopted regulations.

(13)      Provided or made available any restricted use pesticide toany person other than a certified private applicator, licensed pesticideapplicator, certified structural pest control applicator, structural pestcontrol licensee or an employee under the direct supervision of one of theaforementioned certified or licensed applicators.

(b)        Any licensee whose license is revoked under the provisionsof this Article shall not be eligible to apply for a new license hereunderuntil such time has elapsed from the date of the order revoking said license asestablished by the Board (not to exceed two years), or if an appeal is takenfrom said order or revocation, not to exceed two years from the date of theorder or final judgment sustaining said revocation. (1971, c. 832, s. 1; 1975, c. 425, ss. 6,  7; 1987, c.559, ss. 2, 13, c. 827, s. 40.)