2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-121 - Disciplinary actions - denial of license

(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.
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.
This section is similar to former § 35-10-112 as it existed prior to 1990.
For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.