South Carolina § 46-13-90 - Denial, suspension, revocation, or modification of licenses and certificates.

§ 46-13-90. Denial, suspension, revocation, or modification of licenses and certificates.

(1) The Director, after opportunity for a hearing, may deny, suspend, revoke, or modify any provision of any license or certificate issued under this chapter, if he finds that the applicant or the holder of a license or certificate has violated any provision of this chapter or has been convicted or is subjected to a final order imposing a civil penalty under 7 U.S.C., subsection 136 (L), or if he has committed any of the following acts, each of which is declared to be a violation of this chapter.

A. Made false or fraudulent claims through any media, intentionally misrepresenting the effect of materials or methods to be utilized;

B. Made a pesticide recommendation or application inconsistent with the labeling or the Federal Environmental Protection Agency or South Carolina state registration for that pesticide;

C. Applied known ineffective or improper materials;

D. Knowingly operated faulty or unsafe equipment;

E. Made application of any pesticides in a grossly negligent manner;

F. Refused or, after notice, neglected to comply with the provisions of this chapter, the rules adopted hereunder, or of any lawful order;

G. Refused or neglected to keep and maintain the records required by this chapter, or to permit access for inspection and copying of records as provided in this chapter;

H. Made false or fraudulent records, invoices or reports;

I. Used or supervised the use of a restricted use pesticide on the lands or property of another without first having an applicator's license issued under the terms of this chapter;

J. Used fraud or misrepresentation in making an application for, or renewal of, a license, or certification;

K. Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or certificate;

L. Aided or abetted a licensed or an unlicensed person to violate the provisions of this chapter, conspired with such a licensed or an unlicensed person to violate the provisions of this chapter, or allowed one's license, or certification to be used by another person;

M. Knowingly made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;

N. Impersonated any federal, state, county or city inspector or official; or

O. Violated any provision of this chapter or of any rule or regulation or of any lawful order;

P. Used a pesticide under an experimental use permit contrary to the provisions of such permit.

Q. Made a pesticide application or performed other activity without the proper South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License.

(2) Any licensee whose license is revoked under the provisions of this chapter shall not be eligible to apply for a new license hereunder until such time has elapsed from the date of the order revoking the license (not to exceed two years), or if an appeal is taken from the order or revocation, not to exceed two years from the date of the order or final judgment sustaining the revocation.

HISTORY: 1975 (59) 284; 1979 Act No. 180 SECTION 11; 2017 Act No. 31 (S.570), SECTION 8, eff May 10, 2017.

Effect of Amendment

2017 Act No. 31, SECTION 8, inserted (1)Q., providing that the Director may deny, suspend, revoke, or modify a license if the holder made a pesticide application without the proper license.