Section 20-2507. DENIAL, SUSPENSION, MODIFICATION, AND REVOCATION OF CERTIFICATION AND LICENSE

 

2507.1 The District Department of the Environment (Department) shall initiate an action denying, suspending, modifying, or revoking a certification or license by issuing a notice of denial, suspension, modification, or revocation.

 

2507.2Except as provided in § 2507.5, the notice of proposed denial, suspension, modification, or revocation shall be in writing, and shall include the following:

 

(a)  The name and address of the holder of the license;

 

(b)  A statement of the action or proposed action and the effective or proposed effective date and duration of the denial, suspension, modification, or revocation;

 

(c) The grounds upon which the Department is proposing to deny, suspend, modify, or revoke the certification or license;

 

(d) Notice that the respondent has a right to request an administrative hearing before the District of Columbia Office of Administrative Hearings (OAH), in accordance with Rules of Practice and Procedure of OAH set forth in Chapter 28 of Title 1 of the District of Columbia Municipal Regulations; 

 

(e) A statement that the respondent has the right, at the respondent’s expense, to legal representation at the hearing; and

 

(f) Information notifying the respondent of any scheduled hearing date or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the suspension or immediate revocation, if applicable.

 

2507.3The Department may issue a notice of denial, suspension, modification, or revocation:

 

(a) To protect the public health, safety, welfare, or the environment;

 

(b) If the applicant or license holder is in violation or threatened violation of the law and rules described in § 2500.1;

 

(c) If the applicant or license holder violates the provisions of § 2208 more than once in a calendar year in a manner that endangers human health or the environment, pursuant to D.C. Official Code § 8-418(b);

 

(d) If the applicant or license holder has been convicted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or is subject to a final order imposing a civil penalty under FIFRA; or

 

(e) To correct an error in the terms and conditions of the certification or license.

 

2507.4Pursuant to § 2504, the applicant or license holder shall have fifteen (15) calendar days from the date of service of the notice of denial, suspension, modification, or revocation to request a hearing with OAH to show cause why the certification or license should not be denied, revoked, modified, or suspended.

 

2507.5The Department may immediately suspend a certification or license to protect the public health, safety, or welfare, or the environment. The suspension shall be immediately effective pending further investigation.

 

2507.6The Department may serve a notice of modification, suspension, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

 

2507.7The Department shall not reissue a certification or license to any person whose certification and license has been revoked until after at least one hundred eighty (180) days following the revocation. 

 

2507.8The Department shall not reissue a certification or license to any person whose license has been revoked until the applicant has been recertified in accordance with the recertification provisions contained in Chapter 23 (Pesticide Applicators).

 

2507.9An appeal to OAH pursuant to this section shall be subject to the requirements of § 2504.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).