WAC 16-228-1500   When can a pesticide license be denied, revoked or suspended?  (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.

     (2) A penalty fee assessed as a result of a late license or registration renewal does not prevent the department from taking additional regulatory action against the violator.

     (3) No pesticide dealer or dealer manager license shall be denied, suspended, or revoked, simply because a pesticide purchased from that dealer was applied in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder, unless the department finds the dealer or dealer manager in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder.



[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1500, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-24-013, § 16-228-1500, filed 11/27/00, effective 12/28/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1500, filed 10/20/99, effective 11/20/99.]