§ 35-9-122 — Denial - suspension - revocation

(1) The commissioner, pursuant
to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or
deny, refuse to renew, suspend, or revoke any pesticide or device registration or
any pesticide dealer license if the applicant, holder of the registration, or licensee:

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

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

(c) Has used fraud or deception in the procurement or attempted
procurement of any registration or license authorized under this article, or the
renewal thereof;

(d) Has failed to comply with a lawful order of the commissioner;

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

(f) 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 environmental protection agency shall not be
considered a violation of such act unless an order from the regional administrator of
the environmental protection agency or the consent decree shall specifically state
that a violation has occurred;

(g) 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

(h) 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 or holder of a registration from another jurisdiction if the
violation which prompted the disciplinary action in that jurisdiction would be
grounds for disciplinary action under this section.

(3) No licensee whose license has been revoked may apply or reapply for a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

Legislative History

Source: L. 90: Entire article R&RE, p. 1571, � 1, effective June 7.