SECTION 7.161. Grounds for Revocation, Suspension, Penalties, Reprimanding, Refusal To Examine, Refusal To Issue or Renew Licenses

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).

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