§149A-14 - Refusal, cancellation, or suspension of the license.
§149A-14 Refusal, cancellation, or
suspension of the license. (a) The department may refuse to license a
pesticide when it has been determined that:
(1) The pesticide or its labeling does not comply
with this chapter or the rules adopted under this chapter; or
(2) The licensee fails to comply with the licensing
procedures set forth by rules; or
(3) The claims, representations, or other statements
on the label are false or misleading; or
(4) The proposed use would result in unreasonable
adverse effect on the environment.
(b) To protect the health and environment, the
department may, after hearing, cancel the license of a pesticide. This
cancellation shall be made after the department has determined that the
continued use of the pesticide would result in unreasonable adverse effects on
the environment.
(c) If the department determines that action
is necessary to prevent an imminent hazard during the time required for
cancellation proceedings, the department may suspend the license of a pesticide
immediately. The suspension order shall be in effect until the department
issues its final order either cancelling or denying the cancellation of the
license.
(d) The licensee shall be entitled to contest
under chapter 91, the determinations of the department relative to refusing,
cancelling, or suspending a pesticide license. [L 1972, c 58, pt of §1; am L
1975, c 126, pt of §1; am L 1987, c 310, §6]