§ 33-0909. Denial or revocation of certification or registration.

1. The commissioner, after due notice and opportunity of hearing to an
applicant, certified applicator, or registered pesticide business or
agency, may deny an application or revoke a certificate or registration
upon a determination that:

a. any statement in the application or upon which the certificate or
registration was issued is or was false or misleading;

b. the applicant or certified applicator has been convicted of a
felony;

c. the applicant, certified applicator, or registered business or
agency applied or used any pesticide contrary to the registered label
usage;

d. the applicant, certified applicator, or registered business or
agency has engaged in fraudulent business practices in the application
of pesticides;

e. the applicant, certified applicator, or registered business or
agency has failed to comply with any provision of this article or rules
and regulations of the department made pursuant thereto; or

f. the applicant or certified applicator has failed to demonstrate
that he has sufficient knowledge and experience concerning the proper
use and application of pesticides.

2. The commissioner's determination to refuse or revoke certification
or registration shall be final unless the aggrieved party institutes a
proceeding under article seventy-eight of the civil practice law and
rules within thirty days of service on him by personal service or by
certified mail of the commissioner's order.