3.2-3940 - Administrative violations.
§ 3.2-3940. Administrative violations.
A. In addition to imposing civil penalties and referring violations forcriminal prosecution, the Board may deny, suspend, modify, or revoke alicense after providing an opportunity for a hearing if it finds that theapplicant, licensee, or his employee has committed any of the followingviolations:
1. Made false or fraudulent claims through any media misrepresenting theeffect of materials or methods;
2. Made a pesticide recommendation inconsistent with the label registeredpursuant to this chapter, provided that such deviation may include provisionsset forth in Section 2 (ee) of the Federal Insecticide, Fungicide, andRodenticide Act (7 U.S.C. § 136 et seq.);
3. Acted as a pesticide business with negligence, incompetence, or misconduct;
4. Made false or fraudulent records, invoices, or reports;
5. Failed to submit records required by the Board;
6. Used fraud, misrepresentation, or false information in an application fora license or a renewal of a license; or in selling or offering to sellpesticides;
7. Stored or disposed of containers or pesticides by means other than thoseprescribed on the label or by regulation;
8. Provided or made available any restricted use pesticide to any person notcertified to apply such product;
9. Failed to notify the Department of a reportable pesticide spill, accident,or incident;
10. Acted as a pesticide business without first obtaining the pesticidebusiness license required in § 3.2-3924; or
11. Failed to pay any civil penalty assessed by the Board.
B. After opportunity for a hearing, the Board may deny, suspend, revoke, ormodify the provision of any certificate if it finds that the applicant or theholder of a certificate has:
1. Made claims through any media that intentionally misrepresent the effectson the environment likely to result from the application of a pesticide;
2. Used or caused to be used any pesticide inconsistent with: (i) the labelregistered by the U.S. Environmental Protection Agency; (ii) a Virginia stateregistered use; or (iii) other permissible uses;
3. Applied any pesticide in a negligent manner;
4. Failed to comply with the provisions of Article 3, regulations adoptedhereunder, or of any lawful order of the Commissioner or the Board;
5. Failed to: (i) keep and maintain required records or reports; or (ii)furnish or permit access to any such records or reports for copying by theCommissioner;
6. Made false or fraudulent records, invoices, or reports concerning the useor application of any pesticide;
7. Used or caused to be used any pesticide classified for restricted useunless under the direct supervision of a certified applicator;
8. Used fraud or misrepresentation in applying for a certificate or renewalof a certificate;
9. Failed to comply with any limitations or restrictions on a certification;
10. Aided, abetted, or conspired with any person to violate the provisions ofArticle 3;
11. Impersonated any federal, state, or local official;
12. Made any statement, declaration, or representation implying that anyperson certified or registered under the provisions of Article 3 isrecommended or endorsed by any agency of the Commonwealth; or
13. Been convicted or is subject to a final order assessing a penaltypursuant to § 14 (a) or (b) of the Federal Insecticide, Fungicide andRodenticide Act (7 U.S.C. § 136 et seq.).
C. The Commissioner may, without a hearing, suspend the license of any personlicensed or certified simultaneously with the institution of proceedings fora hearing, if he finds there is a substantial danger to the public health,safety, or the environment. The hearing shall be scheduled within areasonable time of the date of the summary suspension.
D. Any licensee or certificate holder whose license or certificate has beensuspended shall not engage in the activity for which he has been certified orlicensed pending the hearing.
E. The Board shall suspend a license or certificate if a civil penalty is notpaid within 60 days or a challenge is not made pursuant to subsection D of §3.2-3943. When deciding whether to deny, suspend, revoke, or modify anycertificate or license, the Board shall give due consideration to: (i) thehistory of previous violations; (ii) the seriousness of the violationincluding any irreparable harm to the environment and any hazards to thehealth and safety of the public; and (iii) the demonstrated good faith inattempting to achieve compliance with the chapter after notification of theviolation.
(Code 1950, § 3-208.31; 1960, c. 535; 1966, c. 702, § 3.1-233; 1976, c. 627;1981, c. 260; 1989, c. 575, §§ 3.1-249.63, 3.1-249.76; 1993, c. 773; 2008, c.860.)