WAC 16-200-7405   Denial or cancellation of a bulk fertilizer distribution license.  (1) The department retains the sole discretion to determine when a bulk fertilizer distribution license should be canceled. Cancellation of a license shall be an option for the department in those circumstances where:

     (a) The penalty schedule allows for cancellation; and/or

     (b) One or more aggravating factors are present.

     (2) In circumstances where the department determines cancellation to be appropriate, the period of cancellation shall be determined at the discretion of the department, but in no instance shall exceed five years.

     (3) The department may deny an applicant a license when the applicant has committed a violation(s) of chapter 15.54 RCW and/or the rules adopted under that chapter. The duration of denial shall be determined based upon the penalty provisions of this chapter. In circumstances where the department determines denial to be appropriate, the period of denial shall not exceed five years.

     (4) Nothing shall prevent the department from denying an applicant a license when the applicant has an outstanding civil penalty owed to the department from a previous violation(s).



[Statutory Authority: Chapters 15.54, 34.05 RCW. 03-02-100, § 16-200-7405, filed 1/2/03, effective 2/2/03.]