2006 New York Code - Denial Or Revocation Of Certification Or Registration.



 
  § 33-0909. Denial or revocation of certification or registration.
    1. The commissioner, after due notice and opportunity of hearing to an
  applicant,  certified  applicator,  or  registered pesticide business or
  agency, may deny an application or revoke a certificate or  registration
  upon a determination that:
    a.  any  statement in the application or upon which the certificate or
  registration was issued is or was false or misleading;
    b. the applicant or certified  applicator  has  been  convicted  of  a
  felony;
    c.  the  applicant,  certified  applicator,  or registered business or
  agency applied or used any pesticide contrary to  the  registered  label
  usage;
    d.  the  applicant,  certified  applicator,  or registered business or
  agency has engaged in fraudulent business practices in  the  application
  of pesticides;
    e.  the  applicant,  certified  applicator,  or registered business or
  agency has failed to comply with any provision of this article or  rules
  and regulations of the department made pursuant thereto; or
    f.  the  applicant  or  certified applicator has failed to demonstrate
  that he has sufficient knowledge and experience  concerning  the  proper
  use and application of pesticides.
    2.  The commissioner's determination to refuse or revoke certification
  or registration shall be final unless the aggrieved party  institutes  a
  proceeding  under  article  seventy-eight  of the civil practice law and
  rules within thirty days of service on him by  personal  service  or  by
  certified mail of the commissioner's order.

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