1. (a) The division shall deny certification, license or a permit if the applicant:

   1. (1) Is found to be unqualified to apply or distribute pesticides as established by RSA 430:33 I and II, and RSA 430:35; or
   2. (2) Has not met the competency requirements under Pes 300.

2. (b) The division, after a hearing, shall revoke or deny certification, license or a permit if it finds that the holder or applicant has:

   1. (1) Engaged in fraudulent business practices in the application of pesticides;
   2. (2) Committed violations of RSA 430:28-50 or these rules with flagrant disregard for such statute, rules, or both;
   3. (3) Been found to have been a habitual violator of RSA 430:28-50 or these rules;
   4. (4) Committed violations, the gravity of which has a significant impact on public health, the environment, or both;
   5. (5) Committed violations which indicate a lack of competence including a lack of knowledge of RSA 430:28-50 and these rules;
   6. (6) Has been convicted of a violation of the Federal Insecticide, Fungicide and Rodenticide Act or is subject to a final order imposing a civil penalty under section 14 of said Act or under RSA 430:45, II; or

   7. (7) Made any application in a negligent manner so as to:

      1. a. Harm or pose a threat of harm to human health, domestic animals, wildlife or the environment; or
      2. b. Render the pesticide applied ineffective for its intended use.

3. (c) Notwithstanding (b) above, the division, after a hearing, shall suspend certification, a license or permit if it finds that the holder has violated RSA 430:28-50, Pes 100-1100, or both, if:

   1. (1) There is not a history of repeated violations;
   2. (2) The violations under (b)(2) above were not flagrant or with disregard for RSA 430:28-50 or these rules;
   3. (3) The violations committed did not have an impact on public health or the environment; and
   4. (4) The violations were not a result of lack of competency.

4. (d) Notwithstanding (b) and (c) above, the division, after a hearing, shall modify certification, a license or permit if:

   1. (1) It finds that the holder of these documents has committed violations pursuant to (c) above;
   2. (2) The violations were not intentional; and
   3. (3) Modification of the license, permit or certification is deemed appropriate to bring the person into compliance.

Source. #1058.7, eff 11-22-77; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff10-3-12