§ 106-65.28. Revocation or suspension of license or identification card.
§ 106‑65.28. Revocation or suspension of license or identification card.
(a) Any license or certified applicator's identification card orregistered technician's identification card may be denied, revoked or suspendedby a majority vote of the Committee for any one or more of the followingcauses:
(1) Misrepresentation for the purpose of defrauding; deceit orfraud; the making of a false statement with knowledge of its falsity for thepurpose of inducing others to act thereon to their damage; or the use ofmethods or materials which are not reasonably suitable for the purposecontracted.
(2) Failure of the licensee or certified applicator to give theCommittee, the Commissioner, or their authorized representatives, upon request,true information regarding methods and materials used, or work performed.
(3) Failure of the licensee or certified applicator to makeregistrations herein required or failure to pay the registration fees.
(4) Any misrepresentation in the application for a license orcertified applicator's identification card or registered technician'sidentification card.
(5) Willful violation of any rule or regulation adopted pursuantto this Article.
(6) Aiding or abetting a licensed or unlicensed person or acertified applicator or a noncertified person to evade the provisions of thisArticle, combining or conspiring with such a licensed or unlicensed person or acertified applicator or noncertified person to evade the provisions of thisArticle, or allowing one's license, certified applicator's identification cardor registered technician's identification card, to be used by any person otherthan the individual to whom it has been issued.
(7) Impersonating any State, county or city inspector orofficial.
(8) Storing or disposing of containers or pesticides by meansother than those prescribed on the label or adopted regulations.
(9) Using any pesticide in a manner inconsistent with itslabeling.
(10) Payment, or the offer to pay, by any licensee to any party toa real estate transaction of any commission, bonus, rebate, or other thing ofvalue as compensation or inducement for the referral to such licensee ofstructural pest control work arising out of such transaction.
(11) Falsification of records required to be kept by this Articleor the rules and regulations of the Committee.
(12) Failure of a licensee or certified applicator to pay theoriginal or renewal license or identification card fee when due and continuingto operate as a licensee or a certified applicator.
(13) Conviction of a felony or conviction of a violation of G.S.106‑65.28 within five years preceding the date of application for alicense or a certified applicator's identification card or conviction of anysaid crimes while such license or card is in effect.
(14) Applying any substance that:
a. Has the active ingredients contained in a pesticide that isregistered pursuant to G.S. 143‑442, but
b. Is not registered as a pesticide pursuant to G.S. 143‑442.
(15) Combining any substance whose application is prohibited undersubdivision (14) of this subsection with any other substance to apply as apesticide or to apply for any other reason, whether the combination occursbefore, during, or after the application.
(b) Suspension of any license or certified applicator'sidentification card or registered technician's identification card under theprovisions of this Article shall not be for less than 10 days nor more than twoyears, in the discretion of the Committee.
(c) If a license or certified applicator's identification cardor registered technician's identification card is suspended or revoked underthe provisions hereof, the licensee shall within five days of such suspensionor revocation, surrender all licenses and identification cards issuedthereunder to the Commissioner or his authorized representative.
(d) Any licensee whose license or certified applicator oroperator whose identification card is revoked under the provisions of thisArticle shall not be eligible to apply for a new license or certifiedapplicator's identification card or registered technician's identification cardhereunder until two years have elapsed from the date of the order revoking saidlicense or certified applicator's identification card or registeredtechnician's identification card or if an appeal is taken from said order ofrevocation, two years from the date of the order or final judgment sustainingsaid revocation.
(e) The lapsing of a State structural pest control license orcertified applicator's identification card or registered technician'sidentification card by operation of law or the voluntary surrender of saidlicense or said card shall not deprive the Committee of jurisdiction to proceedwith any investigation or disciplinary proceedings against such licensee orcard holder or to render a decision suspending or revoking such license orcard.
(f) The Committee may deny an application for a license, acertified applicator's identification card or a registered technician'sidentification card of any person whose license, certified applicator'sidentification card or equivalent thereto has been suspended or revoked inanother state within two years prior to the application.
(g) Any pesticide, material, or device for which suchinformation is requested by the Committee pursuant to G.S. 106‑65.29(9a)and denied by the registrant or manufacturer shall not be used in anystructural pest control performed for compensation and may only be used by anindividual performing structural pest control on the individual's own property.(1955, c. 1017; 1967, c.1184, s. 7; 1973, c. 556, ss. 7, 8; 1975, c. 19, s. 30; c. 570, ss. 8‑13;1977, c. 231, ss. 7‑9; 1987, c. 827, s. 27; 1989, c. 725, s. 4; 1995, c.478, s. 2; 1999‑381, s. 6.)