§ 23-25-8 Refusal to register –Cancellation – Suspension – Legal recourse. – (a) Provided the state is certified by the administrator of EPA to registerpesticides formulated to meet special local needs, the director shall considerthe following for refusal to register, for cancellation, for suspension, or forlegal recourse for those pesticides:
(1) If it appears to the director that an application forregistration cannot be granted pursuant to § 23-25-6(h) and anyregulations issued under this section, he or she shall notify the applicant ofthe manner in which the pesticide, labeling or other material required to besubmitted fails to comply with the provisions of this chapter or anyregulations under this section so as to afford the applicant an opportunity tomake the necessary corrections. If, upon receipt of the notice, the applicantdoes not make the required changes, the director may refuse to register thepesticide. The applicant may request a hearing as provided for in theAdministrative Procedures Act, chapter 35 of title 42.
(2) When the director determines that a pesticide or itslabeling does not comply with the provisions of this chapter or the regulationsadopted under this chapter or when necessary to prevent unreasonable adverseeffects on the environment, he or she may cancel the registration of apesticide or change the classification of a pesticide after a hearing inaccordance with the provisions of the Administrative Procedures Act, chapter 35of title 42.
(3) When the director determines that there is an imminenthazard, he or she may, on his or her own motion, suspend the registration of apesticide in conformance with the provisions of the Administrative ProceduresAct, chapter 35 of title 42. Hearings shall be held with the utmost possibleexpedition.
(4) Any person who will be adversely affected by the order inthis section may obtain judicial review of this order by filing in the superiorcourt, within sixty (60) days after entry of the order, a petition praying thatthe order be set aside in whole or in part. A copy of the petition shall beimmediately transmitted by the clerk of the court to the director and then thedirector shall file in the court the record of the proceedings on which he orshe based his or her order. The court shall have jurisdiction to affirm or setaside the order complained of in whole or in part. The findings of the directorwith respect to questions of fact shall be sustained if supported bysubstantial evidence when considered on the record as a whole. Uponapplication, the court may remand the matter to the director to take furthertestimony if there are reasonable grounds for the failure to adduce thatevidence in the prior hearing. The director may modify his or her findings andhis or her order by reason of the additional evidence taken and shall file theadditional record and any modification of the findings or order with the clerkof the court.
(b) If the director determines that any federally registeredpesticide with respect to the use of the pesticide within the state:
(1) Does not warrant the claims for it; or
(2) Might cause unreasonable adverse effects on theenvironment; he or she may refuse to register the pesticide as required in§ 23-25-6, or if the pesticide is registered under § 23-25-6, theregistration may be cancelled or suspended as provided in subsection (a) ofthis section. If the director believes the pesticide does not comply with theprovisions of FIFRA or the regulations adopted under it, he or she shall adviseEPA of the manner in which the pesticide labeling or other material required tobe submitted fails to comply with the provisions of FIFRA and suggest necessarycorrections.
§ 23-25-8 Refusal to register –Cancellation – Suspension – Legal recourse. – (a) Provided the state is certified by the administrator of EPA to registerpesticides formulated to meet special local needs, the director shall considerthe following for refusal to register, for cancellation, for suspension, or forlegal recourse for those pesticides:
(1) If it appears to the director that an application forregistration cannot be granted pursuant to § 23-25-6(h) and anyregulations issued under this section, he or she shall notify the applicant ofthe manner in which the pesticide, labeling or other material required to besubmitted fails to comply with the provisions of this chapter or anyregulations under this section so as to afford the applicant an opportunity tomake the necessary corrections. If, upon receipt of the notice, the applicantdoes not make the required changes, the director may refuse to register thepesticide. The applicant may request a hearing as provided for in theAdministrative Procedures Act, chapter 35 of title 42.
(2) When the director determines that a pesticide or itslabeling does not comply with the provisions of this chapter or the regulationsadopted under this chapter or when necessary to prevent unreasonable adverseeffects on the environment, he or she may cancel the registration of apesticide or change the classification of a pesticide after a hearing inaccordance with the provisions of the Administrative Procedures Act, chapter 35of title 42.
(3) When the director determines that there is an imminenthazard, he or she may, on his or her own motion, suspend the registration of apesticide in conformance with the provisions of the Administrative ProceduresAct, chapter 35 of title 42. Hearings shall be held with the utmost possibleexpedition.
(4) Any person who will be adversely affected by the order inthis section may obtain judicial review of this order by filing in the superiorcourt, within sixty (60) days after entry of the order, a petition praying thatthe order be set aside in whole or in part. A copy of the petition shall beimmediately transmitted by the clerk of the court to the director and then thedirector shall file in the court the record of the proceedings on which he orshe based his or her order. The court shall have jurisdiction to affirm or setaside the order complained of in whole or in part. The findings of the directorwith respect to questions of fact shall be sustained if supported bysubstantial evidence when considered on the record as a whole. Uponapplication, the court may remand the matter to the director to take furthertestimony if there are reasonable grounds for the failure to adduce thatevidence in the prior hearing. The director may modify his or her findings andhis or her order by reason of the additional evidence taken and shall file theadditional record and any modification of the findings or order with the clerkof the court.
(b) If the director determines that any federally registeredpesticide with respect to the use of the pesticide within the state:
(1) Does not warrant the claims for it; or
(2) Might cause unreasonable adverse effects on theenvironment; he or she may refuse to register the pesticide as required in§ 23-25-6, or if the pesticide is registered under § 23-25-6, theregistration may be cancelled or suspended as provided in subsection (a) ofthis section. If the director believes the pesticide does not comply with theprovisions of FIFRA or the regulations adopted under it, he or she shall adviseEPA of the manner in which the pesticide labeling or other material required tobe submitted fails to comply with the provisions of FIFRA and suggest necessarycorrections.
§ 23-25-8 Refusal to register –Cancellation – Suspension – Legal recourse. – (a) Provided the state is certified by the administrator of EPA to registerpesticides formulated to meet special local needs, the director shall considerthe following for refusal to register, for cancellation, for suspension, or forlegal recourse for those pesticides:
(1) If it appears to the director that an application forregistration cannot be granted pursuant to § 23-25-6(h) and anyregulations issued under this section, he or she shall notify the applicant ofthe manner in which the pesticide, labeling or other material required to besubmitted fails to comply with the provisions of this chapter or anyregulations under this section so as to afford the applicant an opportunity tomake the necessary corrections. If, upon receipt of the notice, the applicantdoes not make the required changes, the director may refuse to register thepesticide. The applicant may request a hearing as provided for in theAdministrative Procedures Act, chapter 35 of title 42.
(2) When the director determines that a pesticide or itslabeling does not comply with the provisions of this chapter or the regulationsadopted under this chapter or when necessary to prevent unreasonable adverseeffects on the environment, he or she may cancel the registration of apesticide or change the classification of a pesticide after a hearing inaccordance with the provisions of the Administrative Procedures Act, chapter 35of title 42.
(3) When the director determines that there is an imminenthazard, he or she may, on his or her own motion, suspend the registration of apesticide in conformance with the provisions of the Administrative ProceduresAct, chapter 35 of title 42. Hearings shall be held with the utmost possibleexpedition.
(4) Any person who will be adversely affected by the order inthis section may obtain judicial review of this order by filing in the superiorcourt, within sixty (60) days after entry of the order, a petition praying thatthe order be set aside in whole or in part. A copy of the petition shall beimmediately transmitted by the clerk of the court to the director and then thedirector shall file in the court the record of the proceedings on which he orshe based his or her order. The court shall have jurisdiction to affirm or setaside the order complained of in whole or in part. The findings of the directorwith respect to questions of fact shall be sustained if supported bysubstantial evidence when considered on the record as a whole. Uponapplication, the court may remand the matter to the director to take furthertestimony if there are reasonable grounds for the failure to adduce thatevidence in the prior hearing. The director may modify his or her findings andhis or her order by reason of the additional evidence taken and shall file theadditional record and any modification of the findings or order with the clerkof the court.
(b) If the director determines that any federally registeredpesticide with respect to the use of the pesticide within the state:
(1) Does not warrant the claims for it; or
(2) Might cause unreasonable adverse effects on theenvironment; he or she may refuse to register the pesticide as required in§ 23-25-6, or if the pesticide is registered under § 23-25-6, theregistration may be cancelled or suspended as provided in subsection (a) ofthis section. If the director believes the pesticide does not comply with theprovisions of FIFRA or the regulations adopted under it, he or she shall adviseEPA of the manner in which the pesticide labeling or other material required tobe submitted fails to comply with the provisions of FIFRA and suggest necessarycorrections.
