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217B.120 Assessment of civil penalties, suspension, revocation, delay, or modification of license or registration -- Causes.

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217B.120 Assessment of civil penalties, suspension, revocation, delay, or modification of license or registration -- Causes. The department may assess civil penalties as provided by KRS 217B.193, or may <br>suspend, revoke, delay issuing, or modify the provision of any license or registration <br>issued under this chapter, if it finds that the applicant or holder has committed any of the <br>following acts, each of which is declared to be a violation of this chapter: <br>(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized; (2) Made a pesticide recommendation or application not in accordance with the label registered by the department under KRS 217.541 to 217.640; (3) Applied known ineffective or improper materials; <br>(4) Operated faulty or unsafe equipment; <br>(5) Operated application equipment in a careless or negligent manner; <br>(6) Refused or, after notice, neglected to comply with the provisions of this chapter, the administrative regulations promulgated under this chapter, or of any lawful order of <br>the department; (7) Refused or neglected to keep and maintain the records required by this chapter, or to make reports when and as required; (8) Made false or fraudulent records, invoices, or reports; <br>(9) Engaged in the business of the application of a pesticide without having a licensed applicator or operator in direct &quot;on-the-job&quot; supervision; (10) Operated unregistered equipment; <br>(11) Used fraud or misrepresentation in making an application for a license or registration or renewal of a license or registration; (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or registration; (13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with a licensed or an unlicensed person to evade the <br>provisions of this chapter, or allowed one's license to be used by an unlicensed <br>person; (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; (15) Impersonated any state, county, or city inspector or official; <br>(16) Made a sale to, or distributed a restricted use pesticide to, an uncertified applicator; <br>(17) Failed to obtain any license or registration required by this chapter; <br>(18) Failed to obtain or maintain financial responsibility required by this chapter; <br>(19) Failed to comply with the provisions of KRS 217B.190; <br>(20) Failed to provide direct on-the-job supervision of a trainee by a licensed operator or applicator in the application of a pesticide; (21) Failed to follow notification and information requirements in accordance with KRS 217B.300, including: <br>(a) Failure to provide customer written information prior to application; <br>(b) Failure to place lawn marker; <br>(c) Failure to meet minimum requirements for lawn marker; <br>(d) Failure to furnish customer proper information at application; or <br>(e) Failure to furnish prior notification of application when requested; or (22) Failed to follow notification and information requirements in accordance with KRS 217B.320, including: <br>(a) Failure to place golf course marker immediately after application; <br>(b) Failure to meet minimum requirements for golf course marker; or <br>(c) Failure to furnish prior notification of application when requested. Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 172, sec. 14, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 250, sec. 4, effective July 14, 1992. -- Amended 1978 Ky. Acts <br>ch. 384, sec. 73, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 148, sec. 11. <br>-- Created 1972 Ky. Acts ch. 130, sec. 12.