Administrative Code

Virginia Administrative Code
11/29/2021

Part V. Revocation, Suspension or Denial of Business Licenses

2VAC5-680-90. Revocation of a business license.

In addition to the violative acts listed under § 3.2-3940 A of the Code of Virginia, the following are grounds for revocation by the board of a business license:

1. Failure to (i) submit records to the commissioner upon written request; or (ii) to permit any person designated by the commissioner to have access to, and to copy such records of business transactions as may be essential to carrying out the purposes of the Act.

2. Operation of a pesticide business location or outlet without a certified commercial applicator assigned to the location or outlet as required by this chapter.

3. Interference with the commissioner or his duly authorized agents in carrying out the duties imposed by the Act.

4. Conduct by a licensee, as determined during the course of a hearing, which has or might have resulted at any time in substantial danger to, or in unreasonable adverse effects on, the public health, safety, or the environment.

5. Failure of a licensee to notify the department of any change in financial responsibility as specified in 2VAC5-680-80 C.

6. Multiple violations of the Act or regulations pursuant thereto within a three-year period.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-90, derived from VR115-04-22 § 5.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-680-90, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-100. Summary suspension by commissioner.

A. The commissioner may suspend the pesticide business license of any person, without a hearing, simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment that warrants this action. Situations that may warrant suspension include, but are not limited to, the following:

1. Operating a pesticide business or pesticide business outlet without a certified commercial applicator on site as required by this chapter, when absence of the applicator presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

2. Refusal by a pesticide business, after receipt of a written request, to permit the commissioner or his agent access to and to copy records of business transactions, when such refusal presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

B. The commissioner shall institute proceedings for a hearing pursuant to § 2.2-4020 of the Code of Virginia simultaneously with any summary suspension. Subject to any provision of procedure or chapter of the board for the processing of violations not inconsistent with this chapter:

1. The hearing shall be held within 60 days after the suspension; and

2. The hearing officer conducting the hearing shall have the authority to consider and address all matters relating to the summary suspension, including but not limited to the withdrawing, sustaining, or modifying thereof.

The commissioner or a conference officer appointed by the commissioner shall offer the person whose license has been summarily suspended (hereinafter "the respondent") an opportunity to appear in an informal conference, authorized by § 2.2-4019 of the Code of Virginia, to be held within three days after the summary suspension. The informal conference may consider, subject to any provision of the board for the processing of violations, all matters relating to the summary suspension, including but not limited to the withdrawal, sustaining, or modifying thereof. Nothing in this section authorizing consideration of matters by an informal conference shall be construed to deny a respondent's right to a hearing.

C. No person may operate a pesticide business at any time when his license is suspended.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-100, derived from VR115-04-22 § 5.2, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 29, renumbered as 2VAC5-680-100, Virginia Register Issue 1, eff. October 10, 2012.

2VAC5-680-110. Denial of license by the commissioner.

A. The commissioner shall deny a business license to any applicant who does not submit all the information required on the license application form, or who does not fully comply with all requirements for licensing set forth in this chapter.

B. The commissioner may, after notice to a pesticide business applicant and after opportunity for hearing, deny a pesticide business license to an applicant who has violated the pesticide law or regulations of any state or competent authority so as to evidence a disregard for proper and safe pesticide use; or if his license has been denied, suspended, nullified, withdrawn, revoked, or otherwise terminated by any state or other competent authority.

C. Any applicant for a pesticide business license shall not engage in the activity for which he is requesting a license until the commissioner shall have issued it.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-110, derived from VR115-04-22 § 5, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-110, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

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