Grounds for Denial, Suspension, Revocation, or Modification of License, Permit, or Certification

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Plant Disease, Pest Control, and Pesticides
  5. Use and Application of Pesticides
  6. Grounds for Denial, Suspension, Revocation, or Modification of License, Permit, or Certification

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  1. Any licensed or unlicensed person shall be subject to prosecution or civil injunctive action for committing any of the following acts, each of which is declared unlawful; and additionally, if an applicant or the holder of any license, permit, or certification is found by the Commissioner to have committed any of the following acts, or is subject to a final order imposing a civil penalty pursuant to Section 14 of FIFRA, the Commissioner may suspend any such license, permit, or certification, pending inquiry, for not longer than ten days, and, after opportunity for a hearing, may deny, suspend, or revoke such license, permit, or certification, or modify any provision thereof:
    1. Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized;
    2. Made a pesticide recommendation or use inconsistent with the labeling, the Environmental Protection Agency or Georgia state registration for that pesticide, or in violation of the Environmental Protection Agency or Georgia state restrictions on the use of that pesticide;
    3. Applied known ineffective or improper pesticides;
    4. Operated faulty or unsafe equipment;
    5. Operated in a faulty, careless, or negligent manner;
    6. Neglected or, after notice, refused to comply with this article or the rules adopted hereunder;
    7. Refused or neglected to keep and maintain the records required by this article or to make reports when and as required;
    8. Made false or fraudulent records, invoices, or reports;
    9. Contracted to apply any pesticide to the lands of another without a licensed commercial pesticide applicator in full-time employment;
    10. Used fraud or misrepresentation in making an application for or renewal of a license, permit, or certification;
    11. Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;
    12. Aided or abetted a licensed or an unlicensed person to evade the provisions of this article, conspired with such a licensed or an unlicensed person to evade the provisions of this article, or allowed one's license, permit, or certification to be used by another person;
    13. Made false or misleading statements, during or after an inspection, concerning any infestation or infection of pests found on land;
    14. Impersonated any federal, state, county, or city inspector or official; or
    15. Acted in the capacity of, or advertised as, a pesticide contractor or applicator without the required license issued by the Commissioner.
  2. The Commissioner may suspend any pesticide contractor's license or any certified commercial pesticide applicator's license, pending inquiry, for not longer than ten days and, after opportunity for a hearing, may deny, suspend, or revoke such license for a period not to exceed five years upon a finding by the Commissioner that:
    1. The applicant for or holder of such a license has been convicted of or has pleaded guilty to a violation of Code Section 16-13-31;
    2. The conviction occurred or the plea was entered on or after January 1, 1984;
    3. The conviction occurred or the plea was entered within the immediately preceding five years; and
    4. An aircraft was used in the commission of such violation.
  3. The Commissioner may suspend any pesticide contractor's license or certified commercial pesticide applicator's license or refuse to grant or renew either license upon notice to the Commissioner by either a court of competent jurisdiction or the child support agency within the Department of Human Services that:
    1. The applicant for or holder of either such license is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or 19-11-9.3; and
    2. The hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this article.
  4. The Commissioner shall not suspend any pesticide contractor's license or certified commercial pesticide applicator's license or refuse to grant or renew either license because an applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or who has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.

(Ga. L. 1972, p. 849, § 9; Ga. L. 1976, p. 369, § 11; Ga. L. 1982, p. 3, § 2; Ga. L. 1984, p. 890, § 1; Ga. L. 1985, p. 149, § 2; Ga. L. 1996, p. 453, § 1; Ga. L. 1997, p. 143, § 2; Ga. L. 1998, p. 1094, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2019, p. 462, § 1-1/SB 214.)

The 2019 amendment, effective July 1, 2019, rewrote subsection (d), which read: "The Commissioner shall suspend any pesticide contractor's license or certified commercial pesticide applicator's license or refuse to grant or renew either license upon notice to the Commissioner by the Georgia Higher Education Assistance Corporation that:

"(1) The applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295; and

"(2) The hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this article."

Cross references.

- Authority of Commissioner to impose penalties in lieu of other action, § 2-2-10.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "Section" was substituted for "section" in the introductory language of subsection (a).

U.S. Code.

- Section 14 of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in the introductory paragraph of this section, is codified at 7 U.S.C. § 136 l .


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