§ 23-61i — Issuance of certificate. Denial. Hearing. Revocation or suspension of certificate. Grounds. Reapplication.

Connecticut § 23-61i

• Jurisdiction: Connecticut
• Title 23: Parks, Forests and Public Shade Trees
• Ch. 451: Public Shade Trees and Tree Protection Examining Board

Text

(a) The Commissioner of Energy and Environmental Protection shall, after review of a complete application submitted in accordance with the provisions of section 23-61h, issue or deny a certificate of registration. The commissioner shall inform an applicant of a denial of a certificate of registration by certified mail, return receipt requested. The commissioner shall briefly state the reasons, as listed in subsection (c) of this section, for such denial. Any applicant aggrieved by the commissioner's decision to deny a certificate of registration may, not later than thirty days after the date of such decision, request a hearing before the commissioner. Such hearing shall be held in accordance with the provisions of chapter 54. (b) The commissioner may revoke or suspend a certificate of registration in accordance with the provisions of subsection (c) of this section and section 4-182 . (c) The grounds for denial, revocation or suspension of a certificate of registration shall include the following: (1) Violation of any provision of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered or issued pursuant to this chapter and chapter 441; (2) Inclusion of false or misleading information in an application or the failure to notify the commissioner of a change, as required by section 23-61h ; (3) Inclusion of false or misleading information in records required to be maintained pursuant to section 23-61k , or the failure to maintain such records or provide the commissioner with the records required by section 23-61k ; (4) Use of a pesticide in a manner inconsistent with the registered labeling or with state or federal restrictions on the use of such pesticide; (5) Application of pesticides generally known in the trade to be ineffective or improper for the intended use; (6) Operation of faulty or unsafe equipment which may result in improper pesticide application or harm to the environment, a worker or other persons; (7) Application of a pesticide or performance of arboriculture in a faulty, careless or negligent manner; (8) Aiding or abetting a licensed or unlicensed person to evade the provisions of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered pursuant to this chapter and chapter 441; (9) The making of a false or misleading statement during an inspection or investigation concerning an infestation of pests, an accident in applying a pesticide, misuse of a pesticide, or violation of a statute, regulation, certificate, registration or order; (10) The performance of arboriculture which does not meet generally accepted industry standards; (11) The performance of work, whether or not for compensation, in a category for which the arborist is not certified; and (12) The conviction of the applicant of a felony, as defined in section 53a-25 , provided any action taken is based upon (A) the nature of the conviction and its relationship to the applicant's or certificate holder's ability to safely or competently perform the work under such certification, (B) information pertaining to the degree of rehabilitation of the applicant or certificate holder, and (C) the time elapsed since the conviction or release. (d) Any arborist business whose certificate of registration is denied, suspended or revoked shall not be eligible to reapply for a certificate of registration until the commissioner determines that such applicant may reapply. (e) The commissioner shall not issue a certificate of registration or a renewal of a certificate of registration to an arborist business unless such arborist business submits the summary required pursuant to subsection (d) of section 22a-58 for the previous calendar year. (f) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a certificate issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual. (2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee. (3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate issued pursuant this section. (4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.

Legislative History

(P.A. 13-203, S. 3; P.A. 22-88, S. 31.) History: P.A. 22-88 amended Subsec. (c)(12) to add provisos re felony conviction and added Subsec. (f) re provisions for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license.