A. The commissioner may suspend the pesticide
business license of any person, without a hearing, simultaneously with the
institution of proceedings for a hearing, if he finds there is a substantial
danger to the public health, safety, or the environment that warrants this
action. Situations that may warrant suspension include, but are not limited to,
the following:
1. Operating a pesticide
business or pesticide business outlet without a certified commercial applicator
on site as required by this chapter, when absence of the applicator presents a
substantial danger to the public health, safety, or the environment, as
determined by the commissioner.
2.
Refusal by a pesticide business, after receipt of a written request, to permit
the commissioner or his agent access to and to copy records of business
transactions, when such refusal presents a substantial danger to the public
health, safety, or the environment, as determined by the
commissioner.
B. The
commissioner shall institute proceedings for a hearing pursuant to §
2.2-4020 of the Code of Virginia simultaneously with any summary suspension.
Subject to any provision of procedure or chapter of the board for the
processing of violations not inconsistent with this chapter:
1. The hearing shall be held within 60 days
after the suspension; and
2. The
hearing officer conducting the hearing shall have the authority to consider and
address all matters relating to the summary suspension, including but not
limited to the withdrawing, sustaining, or modifying thereof.
The commissioner or a conference officer appointed by the
commissioner shall offer the person whose license has been summarily suspended
(hereinafter "the respondent") an opportunity to appear in an informal
conference, authorized by § 2.2-4019 of the Code of Virginia, to be held
within three days after the summary suspension. The informal conference may
consider, subject to any provision of the board for the processing of
violations, all matters relating to the summary suspension, including but not
limited to the withdrawal, sustaining, or modifying thereof. Nothing in this
section authorizing consideration of matters by an informal conference shall be
construed to deny a respondent's right to a hearing.
C. No person may operate a
pesticide business at any time when his license is suspended.
