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Texas Statutes (Last Updated: January 4, 2014) |
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AGRICULTURE CODE |
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Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS |
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Subtitle B. HORTICULTURAL DISEASES AND PESTS |
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Chapter 76. PESTICIDE AND HERBICIDE REGULATION |
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Subchapter E. USE AND APPLICATION |
Sec. 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF LICENSE
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(a) The head of a regulatory agency that licensed or certified an applicator may suspend, modify, or revoke a license or certificate, assess an administrative penalty, place on probation a person whose license or certificate has been suspended, reprimand a licensee or certificate holder, or take a combination of those actions if the head of the agency finds that the licensee or certificate holder has:
(1) made a pesticide recommendation or application inconsistent with the pesticide's labeling or with the restrictions on the use of the pesticide imposed by the state or the Environmental Protection Agency;
(2) operated in a faulty, careless, or negligent manner;
(3) refused, or after notice, failed to comply with an applicable provision of this chapter, a rule adopted under this chapter, or a lawful order of the head of a regulatory agency by which the licensee is licensed;
(4) refused or neglected to keep and maintain the records required by this chapter or to make reports when and as required by this chapter;
(5) failed to maintain financial responsibility as required by this chapter;
(6) made false or fraudulent records, invoices, or reports;
(7) used fraud or misrepresentation in making an application for a license or renewal of a license; or
(8) aided or abetted a certified, licensed, or an unlicensed person to evade the provisions of this chapter, conspired with a certified, licensed, or an unlicensed person to evade the provisions of this chapter, or allowed the licensee's license or the certificate holder's certificate to be used by another person.
(b) A regulatory agency may temporarily suspend a license or certificate under this section for not more than 10 days after giving the licensee or certificate holder written notice of noncompliance.
(c) If a license or certificate suspension is probated, the regulatory agency may require the person to:
(1) report regularly to the agency on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the agency; or
(3) continue or renew professional education until the person attains a degree of skill satisfactory to the agency in those areas that are the basis of the probation.
(d) Except for a temporary suspension under Subsection (b) of this section, if the regulatory agency, except for the department, proposes to not renew, suspend, modify, or revoke a person's license or certificate, the person is entitled to a hearing before a hearings officer designated by the agency. The agency shall prescribe procedures by which all decisions to not renew, suspend, modify, or revoke are appealable to the governing officer or board of the agency.
(e) Except for a temporary suspension under Subsection (b) of this section, if the department proposes to not renew, suspend, modify, or revoke a person's license or certificate, the person is entitled to a hearing conducted as provided under Section 12.032. The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.
(f) An applicator whose license or certificate is under suspension or revocation by a regulatory agency may not apply restricted-use or state-limited-use pesticides or regulated herbicides under the direct supervision of another licensed applicator during that period of suspension or revocation.