As Amended
SEC. 69-23-115. Denial, suspension, revocation, and modification of licenses and permits.
The commissioner with the approval of the advisory board may suspend for not more than thirty (30) days, and then after opportunity for a hearing may deny, suspend, revoke or modify the provisions of any license or permit issued under sections 69-23-101 to 69-23-133 if he finds that the applicant or licensee has committed any of the following applicable to him, each of which is declared to be a violation of said sections:
(a) Made false or fraudulent claims through any media misrepresenting the effect of materials or methods to be used;
(b) Operated in a faulty, careless or negligent manner or knowingly operated faulty or unsafe equipment in a manner as to cause damage to property or person;
(c) Refused, or after notice neglected to comply with the provisions of sections 69-23-101 to 69-23-133, the regulations adopted hereunder, or any lawful order of the commissioner;
(d) Refused or neglected to keep and maintain records required by sections 69-23-101 to 69-23-133 or to make reports when required;
(e) Made false or fraudulent records, invoices or reports;
(f) Used fraud or misrepresentation in making application for a license or renewal for a license;
(g) Aided or abetted any person in evading the provisions of sections 69-23-101 to 69-23-133, allowed one's license to be used by an unlicensed person;
(h) Impersonated any state or federal official;
(i) Convicted of a violation under FIFRA; or
(j) Convicted for using any restricted use pesticide in a manner which is determined to be inconsistent with its labeling.
Any person who is denied a permit or license or whose permit or license is suspended, revoked or modified by the commissioner shall be afforded an opportunity for a fair hearing before the advisory board in connection therewith upon written application to the commissioner within thirty (30) days after receipt of notice from the commissioner of such denial, suspension, revocation or modification. The commissioner shall set a time and place for such hearing and shall convene the board within ten (10) days following receipt of the written application for a hearing. The board shall receive evidence and affirm, modify or reverse the determination of the commissioner within five (5) days.
Any person aggrieved by the determination of the board may petition the chancery court of the county of residence of such person, or the chancery court of Hinds County, for a review with supersedeas. The chancellor shall grant a hearing on said petition and may grant such review with supersedeas; the appellant may be required to post bond with sufficient sureties in an amount to be determined by the chancellor. Upon the review of any such decision, additional evidence may be received and considered but any record made or evidence heard before the board or commissioner may be submitted. Any such petition by either party from the determination of the chancellor shall proceed as otherwise provided by law.
SOURCES: Laws, 1975, ch. 318, Sec. 8, eff from and after October 1, 1975.