Texas Agriculture Code - Section 76.116. Suspension, Modification, Or Revocation Of License
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Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.116. Suspension, Modification, Or Revocation Of License
§ 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF
LICENSE. (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.
Acts 1981, 67th Leg., p. 1201, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 99, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 3.15, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997.
Section: 76.109 76.110 76.111 76.112 76.113 76.114 76.115 76.116 76.117 76.118 76.119 76.131 76.141 76.142 76.143
Last modified: August 10, 2007
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