Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1500 - When can a pesticide license be denied, revoked or suspended?

Current through Register Vol. 24-14, July 15, 2024
(1) The director
				  may deny, suspend, or revoke any provision of a license, registration, permit
				  or certification issued under chapters 17.21 and 15.58 RCW if it is found that
				  the applicant or the holder of the license, permit, or certification has
				  committed any of the following acts each of which is declared to be a
				  violation:
(a) Made false or fraudulent
				  claims through any media misrepresenting the effect of materials or methods to
				  be utilized;
(b) Made a pesticide
				  recommendation or gave advice or used a pesticide inconsistent with the
				  labeling, the EPA or Washington state registration for that pesticide, an EPA
				  or Washington state experimental use permit for that pesticide, an exemption
				  from registration under provisions of section 18 of FIFRA, or in violation of
				  the EPA or Washington state restrictions on the use of that
				  pesticide;
(c) Applied known
				  ineffective or improper pesticides or materials;
(d) Operated a faulty or unsafe
				  apparatus;
(e) Operated in a
				  faulty, careless or negligent manner;
(f) Refused or neglected to comply with the
				  provisions of the applicable sections of chapters 15.58 and 17.21 RCW, the
				  rules adopted thereunder, or of any lawful order of the director;
(g) Refused or neglected to keep and maintain
				  records required by chapters 15.58, 17.21 RCW, and rules adopted thereunder, or
				  to make reports when and as required;
(h) Made false or fraudulent records,
				  invoices, reports, and/or recommendations;
(i) Caused the application of a pesticide
				  without having a licensed or certified applicator or operator in direct
				  supervision as applicable;
(j)
				  Operated an unlicensed apparatus or an apparatus without a license plate issued
				  for that particular apparatus as provided for in chapter 17.21 RCW or failed to
				  locate the apparatus license plate on the apparatus in a manner required by the
				  department;
(k) Failed to properly
				  display, when required, a department issued certified commercial ground
				  applicator vehicle sticker;
(l)
				  Used, or supervised the use of a pesticide which is restricted to use by
				  certified applicators without having qualified as a certified
				  applicator;
(m) Used fraud or
				  misrepresentation in making an application for a license, permit, or
				  certification or renewal of a license, permit or certification;
(n) Refused or neglected to comply with any
				  limitations or restrictions on or in a duly issued license, permit or
				  certification;
(o) Aided or abetted
				  a certified applicator, or licensed person or an uncertified or unlicensed
				  person to evade the provisions of chapters 17.21 and 15.58 RCW, conspired with
				  such a certified applicator or licensed person or an uncertified or unlicensed
				  person to evade the provisions of chapters 17.21 and 15.58 RCW or allowed one's
				  license, permit, or certification to be used by another person;
(p) Made false, misleading or erroneous
				  statements or reports during or after an inspection concerning any infestation
				  or infection of pests found on land or in connection with any pesticide
				  complaint or department investigation;
(q) Impersonated any state, county, or city
				  inspector or official;
(r) Is not
				  qualified to perform as a pest control consultant or pesticide dealer manager
				  or certified applicator in the classifications in which he/she is licensed to
				  operate or has operated, regardless of whether or not he/she has previously
				  passed an examination provided for in chapter 15.58 RCW;
(s) To have in his/her possession a
				  department pesticide licensing examination or to remove or cause to remove any
				  said examination or its contents from the department without expressed consent
				  from the department;
(t) To violate
				  the testing policies set forth by department representatives prior to the start
				  of an examination session; or
(u)
				  Made or failed to make an inspection, statement, or report in violation of WAC
				  16-228-2005 through
				  16-228-2060.