Title 2, Chapter 7, Section 102
( 2-7-102)
(a) Any licensed or unlicensed person shall be subject to
prosecution or civil injunctive action for committing any of the
following acts, each of which is declared unlawful; and
additionally, if an applicant or the holder of any license, permit,
or certification is found by the Commissioner to have committed any
of the following acts, or is subject to a final order imposing a
civil penalty pursuant to Section 14 of FIFRA, the Commissioner may
suspend any such license, permit, or certification, pending inquiry,
for not longer than ten days, and, after opportunity for a hearing,
may deny, suspend, or revoke such license, permit, or certification,
or modify any provision thereof: (1) Made false or fraudulent claims through any media
misrepresenting the effect of pesticides or methods to be
utilized; (2) Made a pesticide recommendation or use inconsistent with the
labeling, the Environmental Protection Agency or Georgia state
registration for that pesticide, or in violation of the
Environmental Protection Agency or Georgia state restrictions on
the use of that pesticide; (3) Applied known ineffective or improper pesticides; (4) Operated faulty or unsafe equipment; (5) Operated in a faulty, careless, or negligent manner; (6) Neglected or, after notice, refused to comply with this
article or the rules adopted hereunder; (7) Refused or neglected to keep and maintain the records required
by this article or to make reports when and as required; (8) Made false or fraudulent records, invoices, or reports; (9) Contracted to apply any pesticide to the lands of another
without a licensed commercial pesticide applicator in full-time
employment; (10) Used fraud or misrepresentation in making an application for
or renewal of a license, permit, or certification; (11) Refused or neglected to comply with any limitations or
restrictions on or in a duly issued license, permit, or
certification; (12) Aided or abetted a licensed or an unlicensed person to evade
the provisions of this article, conspired with such a licensed or
an unlicensed person to evade the provisions of this article, or
allowed one's license, permit, or certification to be used by
another person; (13) Made false or misleading statements, during or after an
inspection, concerning any infestation or infection of pests found
on land; (14) Impersonated any federal, state, county, or city inspector or
official; or (15) Acted in the capacity of, or advertised as, a pesticide
contractor or applicator without the required license issued by
the Commissioner. (b) The Commissioner may suspend any pesticide contractor's license
or any certified commercial pesticide applicator's license, pending
inquiry, for not longer than ten days and, after opportunity for a
hearing, may deny, suspend, or revoke such license for a period not
to exceed five years upon a finding by the Commissioner that: (1) The applicant for or holder of such a license has been convicted of or has pleaded guilty to a violation of Code Section 16-13-31; (2) The conviction occurred or the plea was entered on or after
January 1, 1984; (3) The conviction occurred or the plea was entered within the
immediately preceding five years; and (4) An aircraft was used in the commission of such violation. (c) The Commissioner may suspend any pesticide contractor's license
or certified commercial pesticide applicator's license or refuse to
grant or renew either license upon notice to the Commissioner by
either a court of competent jurisdiction or the child support agency
within the Department of Human Resources that: (1) The applicant for or holder of either such license is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or 19-11-9.3; and (2) The hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this article. (d) The Commissioner shall suspend any pesticide contractor's
license or certified commercial pesticide applicator's license or
refuse to grant or renew either license upon notice to the
Commissioner by the Georgia Higher Education Assistance Corporation
that: (1) The applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295; and (2) The hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this article. |