C.R.S. Section 35-10-121
Disciplinary actions

  • denial of license

(1)

The commissioner may issue letters of admonition, impose other discipline through stipulation, or restrict, impose probation on, deny, suspend, refuse to renew, or revoke any license or registration authorized under this article if the applicant, registrant, or licensee:

(a)

Has refused or failed to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;

(b)

Has been convicted of a felony for an offense related to the conduct regulated by this article;

(c)

Has had an equivalent license or registration denied, revoked, or suspended by any authority;

(d)

Has been adjudicated a violator or has committed a violation of the “Federal Insecticide, Fungicide, and Rodenticide Act”, as amended; except that a consent decree entered into with the EPA shall not be considered a violation of such act unless an order from the regional administrator of the EPA or the consent decree shall specifically state that a violation has occurred;

(e)

Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or

(f)

Has falsified any information requested by the commissioner.

(2)

In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee, registrant, or certified person from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

(2.5)

Proceedings under this section shall be conducted pursuant to article 4 of title 24, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to such proceedings in cases of deliberate or willful violation; in cases of violation of labeling directions or requirements; or in cases in which the actions or omissions of the licensee or registrant in violation of this article have caused or threatened to cause substantial danger or harm to public health and safety, to property, or to the environment, as defined by the commissioner pursuant to section 35-10-118 (2). In such cases, no revocation, suspension, limitation, or modification of a license or registration shall be lawful unless the commissioner has given the licensee or registrant notice in writing regarding any facts or conduct that may warrant such action and has afforded the licensee or registrant opportunity to submit written data, views, and arguments with respect to such facts or conduct.

(3)

No licensee or registrant whose license or registration has been revoked may apply or reapply for any license or registration under this article until two years after the date of such revocation.

(4)

Any person aggrieved by a final disciplinary action taken by the commissioner may appeal such action to the Colorado court of appeals in accordance with section 24-4-106 (11), C.R.S.

Source: Section 35-10-121 — Disciplinary actions - denial of license, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑10‑101
Short title 35‑10‑102
Legislative declaration 35‑10‑103
Definitions 35‑10‑104
Scope of article 35‑10‑105
Commercial applicator - business license required 35‑10‑106
Commercial applicator - license requirements - application - fees 35‑10‑107
Commercial applicator business license - renewals 35‑10‑108
Commercial applicators - invoice notice 35‑10‑109
Limited commercial and public applicators - no business license required - training - rules 35‑10‑110
Registered limited commercial and registered public applicators - requirements for operation 35‑10‑111
Record-keeping requirements 35‑10‑112
Notification requirements - registry of pesticide-sensitive persons - preemption - rules 35‑10‑112.5
Statewide uniformity of pesticide control and regulation - exceptions 35‑10‑113
Qualified supervisor - license required 35‑10‑114
Certified operator - license required 35‑10‑114.5
Private applicator - license required 35‑10‑115
Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees 35‑10‑116
Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement 35‑10‑117
Unlawful acts 35‑10‑117.5
Unlawful acts for licensed private applicators 35‑10‑118
Powers and duties of the commissioner - rules 35‑10‑119
Inspections - investigations - access - subpoena 35‑10‑120
Enforcement 35‑10‑121
Disciplinary actions - denial of license 35‑10‑122
Civil penalties 35‑10‑123
Criminal penalties 35‑10‑124
Information - use and handling of pesticides - enforcement action - credentialing information - definition 35‑10‑125
Advisory committee 35‑10‑126
Transfer of money from fees and civil penalties 35‑10‑128
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 35-10-121’s source at colorado​.gov