Md. Code Regs. 15.05.01.18

Current through Register Vol. 51, No. 10, May 17, 2024

Section 15.05.01.18 - Enforcement

A. The Department may issue a civil penalty or suspend, revoke, or deny any license, certificate, permit, or registered employee identification card, for any of the following reasons:

(1) Violating any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;

(2) Failing to establish and consistently maintain liability insurance required by this chapter;

(3) Conducting a pesticide application or inspection for pests in a faulty, careless, or negligent manner;

(4) Failing to make or maintain records or reports as required by the Department;

(5) Making false or fraudulent records or reports, including a false or misleading pest inspection report;

(6) Operating equipment for the purpose of applying pesticides without the supervision of a certified applicator;

(7) Committing fraud or misrepresentation in making application for licensure or certification;

(8) Exceeding the limits of the type or purpose of operation, as defined on the license, certificate, or permit;

(9) Failing or neglecting to maintain equipment used in pesticide application in good and proper working order;

(10) Presenting false or misleading information in the inspection for, identification of, or control of, pests;

(11) Being convicted of fraud in the performance of pest control;

(12) Failing to allow the Department to inspect or sample as outlined in Regulation .03G of this chapter;

(13) Applying a pesticide without a certificate or license as required by this chapter;

(14) Failing to provide to the Secretary any requested record as required by this chapter;

(15) Failing to ensure that each employee, other than a certified applicator, completes a Department-approved training program;

(16) Failing to pay a civil penalty imposed under Regulation .20 of this chapter; or

(17) Applying a pesticide to the property of another without the expressed permission of this property's owner or other person with authority to exercise control, management, or possession of the property.

B. In an emergency, the Secretary shall suspend a license, certificate, or permit immediately upon finding that public health, safety, or welfare imperatively warrants it.

C. An individual whose certificate, or part, is revoked or suspended may be required to retake the examination in the category for which that individual applies to be recertified after the suspension or revocation.

Md. Code Regs. 15.05.01.18

Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)