§ 35-10-121 — Disciplinary actions - denial of license

Colorado § 35-10-121

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Pesticide Applicators' Act

Text

(1) The commissioner
may issue letters of admonition, impose other discipline through stipulation, or
restrict, impose probation on, deny, suspend, refuse to renew, or revoke any license
or registration authorized under this article if the applicant, registrant, or licensee:

(a) Has refused or failed to comply with any provision of this article, any rule
or regulation adopted under this article, or any lawful order of the commissioner;

(b) Has been convicted of a felony for an offense related to the conduct
regulated by this article;

(c) Has had an equivalent license or registration denied, revoked, or
suspended by any authority;

(d) Has been adjudicated a violator or has committed a violation of the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended; except that a
consent decree entered into with the EPA shall not be considered a violation of
such act unless an order from the regional administrator of the EPA or the consent
decree shall specifically state that a violation has occurred;

(e) Has refused to provide the commissioner with reasonable, complete, and
accurate information regarding methods or materials used or work performed when
requested by the commissioner; or

(f) Has falsified any information requested by the commissioner.

(2) In any proceeding held under this section, the commissioner may accept
as prima facie evidence of grounds for disciplinary action any disciplinary action
taken against a licensee, registrant, or certified person from another jurisdiction if
the violation that prompted the disciplinary action in that jurisdiction would be
grounds for disciplinary action under this section.

(2.5) Proceedings under this section shall be conducted pursuant to article 4
of title 24, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to such
proceedings in cases of deliberate or willful violation; in cases of violation of
labeling directions or requirements; or in cases in which the actions or omissions of
the licensee or registrant in violation of this article have caused or threatened to
cause substantial danger or harm to public health and safety, to property, or to the
environment, as defined by the commissioner pursuant to section 35-10-118 (2). In
such cases, no revocation, suspension, limitation, or modification of a license or
registration shall be lawful unless the commissioner has given the licensee or
registrant notice in writing regarding any facts or conduct that may warrant such
action and has afforded the licensee or registrant opportunity to submit written
data, views, and arguments with respect to such facts or conduct.

(3) No licensee or registrant whose license or registration has been revoked
may apply or reapply for any license or registration under this article until two
years after the date of such revocation.

(4) Any person aggrieved by a final disciplinary action taken by the
commissioner may appeal such action to the Colorado court of appeals in
accordance with section 24-4-106 (11), C.R.S.

Legislative History

Source: L. 90: Entire article R&RE, p. 1588, � 1, effective May 31. L. 96: IP(1) amended and (2.5) and (4) added, p. 1378, � 8, effective July 1. L. 2006: IP(1), (1)(c), (2), (2.5), and (3) amended, p. 1265, � 14, effective July 1.