Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 4 - UNLAWFUL ACTS AND GROUNDS FOR REVOCATION › Section 7.161 - Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal to Examine, Refusal to Issue or Renew Licenses

Current through Reg. 49, No. 28; July 12,
					 2024
Any such action may be accomplished by the department
						after notice and hearings, as provided for by the SPCA and the Administrative
						Procedures Act, Texas Government Code, Chapter 2001. No revocation, suspension,
						annulment, or withdrawal of any license is effective unless prior to the
						institution of department proceedings, the department gave notice by personal
						service or by certified mail to the licensee of facts or conduct alleged to
						warrant the intended action, and the licensee was given the opportunity to show
						compliance with all requirements of law for the retention of the license. The
						following are grounds for revocation, suspension, penalties, reprimanding,
						refusal to examine, and refusal to issue or renew licenses:
(1) misrepresentation for the purpose of
					 defrauding; deceit or fraud; the making of a false statement with knowledge of
					 its falsity for the purpose of inducing others to act thereon to their
					 damage;
(2) intentional
					 misrepresentation in any application for a license;
(3) engaging in an advertising practice
					 prohibited in §
											7.152 of this chapter (relating to
					 Advertising); advertising services which the licensee is not authorized to
					 provide; engaging in false, misleading, or deceptive acts or practices;
					 advertising in a name without a valid business license; or advertising in an
					 unauthorized category;
(4) has been
					 convicted or has pleaded guilty to a violation of the SPCA as amended, or any
					 regulation adopted hereunder, or any of the laws or regulations of this state,
					 another state, or the United States, relating to the licensing of pest control
					 operators and pesticide use;
(5)
					 has been convicted of or has pled guilty to a felony or misdemeanor involving
					 moral turpitude, under the law of this state and other states of the United
					 States within seven (7) years prior to the date of application, provided that
					 when the applicant is a defendant in any action in which the defendant is
					 charged with a felony or a misdemeanor involving moral turpitude, the
					 department may delay processing of the application until final disposition of
					 any such criminal proceedings;
(6)
					 has a criminal background as explained in §7.130 of this chapter (relating
					 to Licensing of Persons with Criminal Backgrounds);
(7) failure of the licensee to supply the
					 department or its authorized representative, upon request, with true and
					 accurate information concerning methods and materials used, or work performed,
					 or other information essential to the public health and welfare and to the
					 administration and enforcement of the SPCA;
(8) engaging in pest control practices in a
					 manner that could be injurious to the public health, safety, or to the
					 environment;
(9) failure to comply
					 with contract specifications;
(10)
					 performing work in a category for which the certified applicator or technician
					 licensee is not licensed or an apprentice is not trained or licensed;
(11) failure of a business licensee or
					 certified noncommercial applicator to register employees or failure to pay
					 license fees for employees;
(12)
					 making a pesticide application inconsistent with the labeling of any pesticide
					 as registered by the Environmental Protection Agency, the United States
					 Department of Agriculture, or the state registration for that pesticide, or in
					 violation of any condition or restriction placed upon the use of that pesticide
					 by the Environmental Protection Agency, the United States Department of
					 Agriculture, or the state;
(13)
					 failure to make records of pesticide use and keep them available as required by
					 the SPCA, as amended, and §7.144 this chapter (relating to Pest Control
					 Use Records);
(14) failure of a
					 business licensee to notify the department when a certified applicator,
					 technician, or apprentice is no longer employed;
(15) failure of a business licensee to put
					 identifying letters and numbers on vehicles as required by
					 regulations;
(16) failure to print
					 in proper size type the address and telephone number of the department and the
					 statement that the business is licensed and regulated by the Texas Department
					 of Agriculture;
(17) failure of a
					 business licensee or certified noncommercial applicator to notify the
					 department of a change of address of their company or organization;
(18) failure of a business licensee or
					 certified noncommercial applicator to give the department an address where a
					 licensee may be located;
(19)
					 failure of a certified applicator or business licensee to adequately supervise
					 employees;
(20) failure of a
					 certified applicator, technician, or apprentice to notify the department of a
					 change of employment;
(21) failure
					 to maintain continuous minimum liability insurance and continuing to operate
					 during a lapsed period;
(22)
					 failure to meet minimum continuing education or technician training
					 requirements;
(23) failure to
					 maintain technician or apprentice training records;
(24) failure to provide signs, disclosure,
					 and information sheets;
(25)
					 failure to post signs or distribute information sheets;
(26) failure to comply with a final order of
					 the Commissioner;
(27) Permitting,
					 aiding, abetting, or conspiring with a person to intentionally violate or
					 circumvent a law or regulation enforced by the department;
(28) Denial, suspension, revocation,
					 probation, fine, or other license restriction or discipline against a licensee
					 by a state, territory, or Indian tribal government or the federal
					 government;
(29) Any violation of
					 the regulations promulgated under this subchapter relating to treatment
					 standards;
(30) failure to pay an
					 agreed or court ordered administrative penalty;
(31) failure to comply with §
											7.135 or §
											7.136 of this chapter (relating to
					 Criteria and Evaluation of Continuing Education Training and Criteria and
					 Evaluation of Technician/Noncommercial Certified Applicator
					 Training);
(32) failure to comply
					 with Division 7 of this subchapter (relating to Integrated Pest Management
					 Program for School Districts );
(33) failure to comply with any section of
					 the SPCA or this subchapter; and
(34) failure to provide a disclosure document
					 prior to, or accompanying, or at the same time, with a written estimate as
					 described in §
											7.174 of this chapter (relating to
					 Wood Destroying Insect Treatment Disclosure Documents).