§149A-14 Refusal, cancellation, or suspension of the license. (a) The department may refuse to license a pesticide when it has been determined that:
(1) The pesticide or its labeling does not comply with this chapter or the rules adopted under this chapter; or
(2) The licensee fails to comply with the licensing procedures set forth by rules; or
(3) The claims, representations, or other statements on the label are false or misleading; or
(4) The proposed use would result in unreasonable adverse effect on the environment.
(b) To protect the health and environment, the department may, after hearing, cancel the license of a pesticide. This cancellation shall be made after the department has determined that the continued use of the pesticide would result in unreasonable adverse effects on the environment.
(c) If the department determines that action is necessary to prevent an imminent hazard during the time required for cancellation proceedings, the department may suspend the license of a pesticide immediately. The suspension order shall be in effect until the department issues its final order either canceling or denying the cancellation of the license.
(d) The licensee shall be entitled to contest under chapter 91, the determinations of the department relative to refusing, canceling, or suspending a pesticide license. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §6]
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