010-28 Wyo. Code R. §§ 28-14 - License Denial, Suspension, Revocation, and Appeals

(a) Any violation of these regulations, the Department's Chapter 62 regulations, or the Act may result in the denial, revocation, or suspension of any license issued pursuant to the Act or these regulations. Additionally, if a person has a criminal conviction under 14(b) of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) or has been subject to a final order imposing a civil penalty under 14(a) of FIFRA the Department may deny, revoke or suspend a license issued pursuant to the Act or these regulations.

(b) The Department will deny a license application if:

(i) The applicant has made a materially false statement on the application;

(ii) The applicant failed to submit the appropriate fee; or

(iii) The applicant failed to submit a correct and complete application.

(c) The Department may deny a license application if the applicant has failed to comply with the Act, these regulations, or Chapter 62.

(d) If the Department denies a license application, the Department shall provide the applicant with a notice that includes:

(i) The specific reasons for the denial and citations to the applicable provisions of the Act or regulations;

(ii) The actions, if any, that the applicant must take to qualify for a license;

(iii) Notice of the applicant's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(e) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(f) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(g) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

(h) If prior to the hearing the applicant supplies evidence of correction and all other license requirements have been met, the Department may issue a license and cancel the hearing.

(i) If an applicator's violation constitutes a threat to public health, safety, or welfare that requires emergency action, the Department may immediately suspend the applicator's license in accordance with the Wyoming Administrative Procedure Act.

(j) Any applicator whose license is suspended must retake all applicable examinations and achieve a passing score before the Department will reinstate the license. However, if an applicator whose license is suspended fails to retake all applicable examinations and achieve a passing score within 15 days of suspension, the Department will proceed to revoke the applicator's license.

(k) An applicator with a reinstated license will be on probation for one year.

(l) If an applicator on probation violates any part of the Act, these regulations, or the Chapter 62, that violation constitutes a threat to public health, safety, or welfare that requires emergency action, and the Department may immediately suspend the applicator's license in accordance with the Wyoming Administrative Procedure Act.

(m) If the Department decides to revoke a license, the Department will provide the licensee with a revocation notice, which shall state:

(i) That the license shall be revoked 20 days after receipt of the revocation notice and that all pesticide applications shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Act, these regulations, or Chapter 62;

(iii) That the licensee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made; and

(v) That if a hearing is requested, the hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through -115, and the Board of Certification's Rules of Practice and Procedure for Contested Case Hearings.

(n) The Department shall send all notices in this section by certified mail, return receipt requested.

(o) Hearings: All hearings provided for in these regulations shall be conducted in accordance with the Board of Certification's Rules of Practice and Procedures for Contested Case Hearings.

Notes

010-28 Wyo. Code R. §§ 28-14

Amended, Eff. 1/8/2025.