State Codes and Statutes

Statutes > New-york > Env > Article-33 > Title-9 > 33-0909

§ 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.

State Codes and Statutes

Statutes > New-york > Env > Article-33 > Title-9 > 33-0909

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-33 > Title-9 > 33-0909

§ 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.