N.H. Code Admin. R. Pes 404.01 – Order to Cease and Desist

(a) When the division believes that a person is using or intending to use a pesticide in a manner which violates any of the provisions of RSA 430:28-50 or the administrative rules of the board, Pes 100 through 1100, the division shall order the person to cease and desist the use of the pesticide as mandated by RSA 430:42, II.
(b) Cease and desist orders shall be subject to the following provisions:
1. (1) A cease and desist order shall take effect immediately upon issuance and remain in effect until released by the division;
2. (2) Failure to comply shall result in revocation of any registration or permit issued under RSA 430:33 and shall subject the person to penalties set forth in RSA 430:45;
3. (3) Cease and desist orders shall be made in writing on a form prescribed by the division and shall include, but not be limited to, the following:
  1. a. Date and time of order;
  2. b. Name and address of person to whom the order has been issued;
  3. c. Reason for issuance; and
  4. d. Signature of the director;
4. (4) Cease and desist orders shall be issued and served through the mail or in the field after such decision has been made between the director and the inspector involved;
5. (5) A recipient of a cease and desist order may request a hearing before the division;
6. (6) Such request for a hearing shall:
  1. a. Be in writing;
  2. b. Be received within 10 days of issuance of the order; and
  3. c. State the reasons for the request;
7. (7) The division shall hold a hearing, according to the procedures set forth in RSA 541-A:31-41 and Agr 200, on the request within 20 days of receiving it;
8. (8) The division shall rescind the order upon being satisfied, after investigation, hearing, or both, that the order has been complied with or that there was not justification for issuance of the order based on a challenge by the recipient;
9. (9) The order rescinding the cease and desist order shall be in writing; and
10. (10) Decisions rendered by the division pursuant to (f) above may be appealed to the board as provided under RSA 430:42, II.
  Source. #10198-B, eff 10-3-12 (from Pes 205.01)
  APPENDIX
  Rule
  Specific State Statute the Rule Implements
  Pes 401.01
  RSA 430:33, I, II and RSA 430:34
  Pes 401.02
  RSA 430:33, I, II, III and RSA 430:35
  Pes 402.01
  RSA 430:33, I
  Pes 402.01(o)
  RSA 430:31, IV (d),(n),(o)
  Pes 402.02
  RSA 430:33, I and RSA 430:34, IV
  Pes 403.01 – Pes 403.02
  RSA 430:33, I
  Pes 403.03
  RSA 430:42 and RSA 430:43
  Pes 404.01
  RSA 430:42, II