Any such action may be accomplished by the department after
notice and hearings, as provided for by the SPCA and the Administrative
Procedures Act, Texas Government Code, Chapter 2001. No revocation,
suspension, annulment, or withdrawal of any license is effective unless
prior to the institution of department proceedings, the department
gave notice by personal service or by certified mail to the licensee
of facts or conduct alleged to warrant the intended action, and the
licensee was given the opportunity to show compliance with all requirements
of law for the retention of the license. The following are grounds
for revocation, suspension, penalties, reprimanding, refusal to examine,
and refusal to issue or renew licenses:
(1) misrepresentation for the purpose of defrauding;
deceit or fraud; the making of a false statement with knowledge of
its falsity for the purpose of inducing others to act thereon to their
damage;
(2) intentional misrepresentation in any application
for a license;
(3) engaging in an advertising practice prohibited
in §7.152 of this chapter (relating to Advertising); advertising
services which the licensee is not authorized to provide; engaging
in false, misleading, or deceptive acts or practices; advertising
in a name without a valid business license; or advertising in an unauthorized
category;
(4) has been convicted or has pleaded guilty to a violation
of the SPCA as amended, or any regulation adopted hereunder, or any
of the laws or regulations of this state, another state, or the United
States, relating to the licensing of pest control operators and pesticide
use;
(5) has been convicted of or has pled guilty to a felony
or misdemeanor involving moral turpitude, under the law of this state
and other states of the United States within seven (7) years prior
to the date of application, provided that when the applicant is a
defendant in any action in which the defendant is charged with a felony
or a misdemeanor involving moral turpitude, the department may delay
processing of the application until final disposition of any such
criminal proceedings;
(6) has a criminal background as explained in §7.130
of this chapter (relating to Licensing of Persons with Criminal Backgrounds);
(7) failure of the licensee to supply the department
or its authorized representative, upon request, with true and accurate
information concerning methods and materials used, or work performed,
or other information essential to the public health and welfare and
to the administration and enforcement of the SPCA;
(8) engaging in pest control practices in a manner
that could be injurious to the public health, safety, or to the environment;
(9) failure to comply with contract specifications;
(10) performing work in a category for which the certified
applicator or technician licensee is not licensed or an apprentice
is not trained or licensed;
(11) failure of a business licensee or certified noncommercial
applicator to register employees or failure to pay license fees for
employees;
(12) making a pesticide application inconsistent with
the labeling of any pesticide as registered by the Environmental Protection
Agency, the United States Department of Agriculture, or the state
registration for that pesticide, or in violation of any condition
or restriction placed upon the use of that pesticide by the Environmental
Protection Agency, the United States Department of Agriculture, or
the state;
(13) failure to make records of pesticide use and keep
them available as required by the SPCA, as amended, and §7.144
this chapter (relating to Pest Control Use Records);
(14) failure of a business licensee to notify the department
when a certified applicator, technician, or apprentice is no longer
employed;
(15) failure of a business licensee to put identifying
letters and numbers on vehicles as required by regulations;
(16) failure to print in proper size type the address
and telephone number of the department and the statement that the
business is licensed and regulated by the Texas Department of Agriculture;
(17) failure of a business licensee or certified noncommercial
applicator to notify the department of a change of address of their
company or organization;
(18) failure of a business licensee or certified noncommercial
applicator to give the department an address where a licensee may
be located;
(19) failure of a certified applicator or business
licensee to adequately supervise employees;
(20) failure of a certified applicator, technician,
or apprentice to notify the department of a change of employment;
(21) failure to maintain continuous minimum liability
insurance and continuing to operate during a lapsed period;
(22) failure to meet minimum continuing education or
technician training requirements;
(23) failure to maintain technician or apprentice training
records;
(24) failure to provide signs, disclosure, and information
sheets;
(25) failure to post signs or distribute information
sheets;
(26) failure to comply with a final order of the Commissioner;
(27) Permitting, aiding, abetting, or conspiring with
a person to intentionally violate or circumvent a law or regulation
enforced by the department;
(28) Denial, suspension, revocation, probation, fine,
or other license restriction or discipline against a licensee by a
state, territory, or Indian tribal government or the federal government;
(29) Any violation of the regulations promulgated under
this subchapter relating to treatment standards;
(30) failure to pay an agreed or court ordered administrative
penalty;
(31) failure to comply with §7.135 or §7.136
of this chapter (relating to Criteria and Evaluation of Continuing
Education Training and Criteria and Evaluation of Technician/Noncommercial
Certified Applicator Training);
(32) failure to comply with Division 7 of this subchapter
(relating to Integrated Pest Management Program for School Districts);
(33) failure to comply with any section of the SPCA
or this subchapter; and
(34) failure to provide a disclosure document prior
to, or accompanying, or at the same time, with a written estimate
as described in §7.174 of this chapter (relating to Wood Destroying
Insect Treatment Disclosure Documents).
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Source Note: The provisions of this §7.161 adopted to be effective June 1, 1987, 9 TexReg 2307; amended to be effective September 1, 1987, 12 TexReg 901; amended to be effective February 1, 1992, 17 TexReg 47; amended to be effective December 15, 1993, 18 TexReg 8914; amended to be effective December 29, 1994, 19 TexReg 9999; amended to be effective March 5, 1996, 21 TexReg 1542; amended to be effective June 1, 2000, 25 TexReg 2068; amended to be effective July 26, 2005, 30 TexReg 4212; transferred effective September 1, 2007, as publishedintheTexas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989; amended to be effective January 16, 2023, 48 TexReg 129 |