N.Y. Environmental Conservation Law § 33-0909: Denial or revocation of certification or registration

§ 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.