Any license, certificate or identification issued hereunder may be suspended, canceled, revoked, refused issue, or reissue by the Board after a hearing and opportunity to be heard has been given to the holder of the license or certificate. Notice thereof shall be given to the holder of the license or certificate by registered or certified mail at least ten (10) days prior to the date of the hearing. Such suspension, cancellation, revocation, refusal to issue or reissue may be made if the Board finds:

1. 1. that such person has made misrepresentations for the purpose of defrauding, or has not satisfactorily performed, without proper cause, any contract into which such person shall have entered;
2. 2. such person has used methods or pesticides not suitable or safe for the purpose for which they shall have been employed, has used a pesticide in a manner inconsistent with its labeling unless prior written approval has been obtained from the Board;
3. 3. failure or refusal to furnish the Board, upon request, true information regarding methods, pesticides, and safety measures used, work performed, or other information deemed essential by the Board, or for making any false statement or representation in such person's application for issuance or renewal of a permit;
4. 4. any violation of state law or of regulations or standards prescribed by the Board;
5. 5. the issuance of an inaccurate wood infestation report;
6. 6. failure or refusal to maintain records as specified in this act;
7. 7. advertising or in any way offering to perform in a category of pesticide application for which no license is held or under a name for which no license is held;
8. 8. failure or refusal to pay by the specified date any fees penalties authorized under this act;
9. 9. failure to explain in a contract signed by the property owner the ways that a pesticide application fails to comply with any minimum requirements authorized by this act;
10. 10. failure to perform work according to minimum standards authorized by this act except as agreed in the contract;
11. 11. falsely stating that a person is employed by or represents another person;
12. 12. falsely stating that a person or his methods are recommended by any branch of government or that any specific work will be inspected by any branch of government;
13. 13. any person to act, operate, do business, or advertise as an applicator unless such person has obtained a valid license issued by the Board for the category in which the person is engaged;
14. 14. for any person to be employed or represent himself as a certified applicator or service technician unless such person has met the certification standards prescribed by the Board and has obtained a valid certificate or identification issued by the Board for the category for which the person is to be employed or supervise;
15. 15. any person to act or operate as a private applicator unless such person has obtained a valid private applicator license issued by the Board;
16. 16. conviction in any court of a violation of this act, pesticide laws of any other state or FIFRA;
17. 17. failure to correct substandard work within twenty (20) days unless an extension has been granted by the Board; or

18. 18. other proper cause. Except as otherwise provided for by law any person, holder or nonholder of a valid license, convicted of violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punishable by the imposition of a fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail for not less than thirty (30) days and not more than one (1) year, or by both said fine and imprisonment.

    If after public hearing in accordance with the Administrative Procedures Act, the Board shall find any person to be in violation of any of the provisions of this act, the Board has the authority to assess a civil penalty of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each violation. It shall also be unlawful and a misdemeanor for any person, whether he be a commercial or noncommercial license holder or not a commercial or noncommercial license holder, to use a pesticide in a manner inconsistent with its labeling unless prior written approval has been obtained by the Board.

Laws 1961, SB 7, p. 3, § 6, emerg. eff. July 1, 1961; Amended by Laws 1977, SB 190, c. 98, § 9; Amended by Laws 1984, HB 1882, c. 156, § 5, eff. November 1, 1984; Amended by Laws 1986, HB 1830, c. 285, § 3, eff. November 1, 1986.