{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3940.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3940.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3940.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3940.html"}],"law_id":78440,"edition_id":1,"section_id":78440,"structure_id":14698,"section_number":"3.2-3940","catch_line":"Administrative violations","history":"Code 1950, \u00a7 3-208.31; 1960, c. 535; 1966, c. 702, \u00a7 3.1-233; 1976, c. 627; 1981, c. 260; 1989, c. 575, \u00a7\u00a7 3.1-249.63, 3.1-249.76; 1993, c. 773; 2008, c. 860.","full_text":"A\n\nIn addition to imposing civil penalties and referring violations for criminal prosecution, the Board may deny, suspend, modify, or revoke a license after providing an opportunity for a hearing if it finds that the applicant, licensee, or his employee has committed any of the following violations:1\n\nMade false or fraudulent claims through any media misrepresenting the effect of materials or methods;2\n\nMade a pesticide recommendation inconsistent with the label registered pursuant to this chapter, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.);3\n\nActed as a pesticide business with negligence, incompetence, or misconduct;4\n\nMade false or fraudulent records, invoices, or reports;5\n\nFailed to submit records required by the Board;6\n\nUsed fraud, misrepresentation, or false information in an application for a license or a renewal of a license; or in selling or offering to sell pesticides;7\n\nStored or disposed of containers or pesticides by means other than those prescribed on the label or by regulation;8\n\nProvided or made available any restricted use pesticide to any person not certified to apply such product;9\n\nFailed to notify the Department of a reportable pesticide spill, accident, or incident;10\n\nActed as a pesticide business without first obtaining the pesticide business license required in § 3.2-3924; or11\n\nFailed to pay any civil penalty assessed by the Board.B\n\nAfter opportunity for a hearing, the Board may deny, suspend, revoke, or modify the provision of any certificate if it finds that the applicant or the holder of a certificate has:1\n\nMade claims through any media that intentionally misrepresent the effects on the environment likely to result from the application of a pesticide;2\n\nUsed or caused to be used any pesticide inconsistent with: (i) the label registered by the U.S. Environmental Protection Agency; (ii) a Virginia state registered use; or (iii) other permissible uses;3\n\nApplied any pesticide in a negligent manner;4\n\nFailed to comply with the provisions of Article 3, regulations adopted hereunder, or of any lawful order of the Commissioner or the Board;5\n\nFailed to: (i) keep and maintain required records or reports; or (ii) furnish or permit access to any such records or reports for copying by the Commissioner;6\n\nMade false or fraudulent records, invoices, or reports concerning the use or application of any pesticide;7\n\nUsed or caused to be used any pesticide classified for restricted use unless under the direct supervision of a certified applicator;8\n\nUsed fraud or misrepresentation in applying for a certificate or renewal of a certificate;9\n\nFailed to comply with any limitations or restrictions on a certification;10\n\nAided, abetted, or conspired with any person to violate the provisions of Article 3;11\n\nImpersonated any federal, state, or local official;12\n\nMade any statement, declaration, or representation implying that any person certified or registered under the provisions of Article 3 is recommended or endorsed by any agency of the Commonwealth; or13\n\nBeen convicted or is subject to a final order assessing a penalty pursuant to § 14 (a) or (b) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.).C\n\nThe Commissioner may, without a hearing, suspend the license of any person licensed or certified simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment. The hearing shall be scheduled within a reasonable time of the date of the summary suspension.D\n\nAny licensee or certificate holder whose license or certificate has been suspended shall not engage in the activity for which he has been certified or licensed pending the hearing.E\n\nThe Board shall suspend a license or certificate if a civil penalty is not paid within 60 days or a challenge is not made pursuant to subsection D of § 3.2-3943. When deciding whether to deny, suspend, revoke, or modify any certificate or license, the Board shall give due consideration to: (i) the history of previous violations; (ii) the seriousness of the violation including any irreparable harm to the environment and any hazards to the health and safety of the public; and (iii) the demonstrated good faith in attempting to achieve compliance with the chapter after notification of the violation.","order_by":null,"text":{"0":{"id":281169,"text":"In addition to imposing civil penalties and referring violations for criminal prosecution, the Board may deny, suspend, modify, or revoke a license after providing an opportunity for a hearing if it finds that the applicant, licensee, or his employee has committed any of the following violations:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":281170,"text":"Made false or fraudulent claims through any media misrepresenting the effect of materials or methods;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":281171,"text":"Made a pesticide recommendation inconsistent with the label registered pursuant to this chapter, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.);","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":281172,"text":"Acted as a pesticide business with negligence, incompetence, or misconduct;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":281173,"text":"Made false or fraudulent records, invoices, or reports;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":281174,"text":"Failed to submit records required by the Board;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":281175,"text":"Used fraud, misrepresentation, or false information in an application for a license or a renewal of a license; or in selling or offering to sell pesticides;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":281176,"text":"Stored or disposed of containers or pesticides by means other than those prescribed on the label or by regulation;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":281177,"text":"Provided or made available any restricted use pesticide to any person not certified to apply such product;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":281178,"text":"Failed to notify the Department of a reportable pesticide spill, accident, or incident;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":281179,"text":"Acted as a pesticide business without first obtaining the pesticide business license required in § 3.2-3924; or","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":281180,"text":"Failed to pay any civil penalty assessed by the Board.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":281181,"text":"After opportunity for a hearing, the Board may deny, suspend, revoke, or modify the provision of any certificate if it finds that the applicant or the holder of a certificate has:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11","next_prefix":"B1"},"13":{"id":281182,"text":"Made claims through any media that intentionally misrepresent the effects on the environment likely to result from the application of a pesticide;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"14":{"id":281183,"text":"Used or caused to be used any pesticide inconsistent with: (i) the label registered by the U.S. Environmental Protection Agency; (ii) a Virginia state registered use; or (iii) other permissible uses;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"15":{"id":281184,"text":"Applied any pesticide in a negligent manner;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"16":{"id":281185,"text":"Failed to comply with the provisions of Article 3, regulations adopted hereunder, or of any lawful order of the Commissioner or the Board;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"17":{"id":281186,"text":"Failed to: (i) keep and maintain required records or reports; or (ii) furnish or permit access to any such records or reports for copying by the Commissioner;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"18":{"id":281187,"text":"Made false or fraudulent records, invoices, or reports concerning the use or application of any pesticide;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"19":{"id":281188,"text":"Used or caused to be used any pesticide classified for restricted use unless under the direct supervision of a certified applicator;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"20":{"id":281189,"text":"Used fraud or misrepresentation in applying for a certificate or renewal of a certificate;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"21":{"id":281190,"text":"Failed to comply with any limitations or restrictions on a certification;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"22":{"id":281191,"text":"Aided, abetted, or conspired with any person to violate the provisions of Article 3;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"23":{"id":281192,"text":"Impersonated any federal, state, or local official;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"24":{"id":281193,"text":"Made any statement, declaration, or representation implying that any person certified or registered under the provisions of Article 3 is recommended or endorsed by any agency of the Commonwealth; or","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"25":{"id":281194,"text":"Been convicted or is subject to a final order assessing a penalty pursuant to § 14 (a) or (b) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.).","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"C"},"26":{"id":281195,"text":"The Commissioner may, without a hearing, suspend the license of any person licensed or certified simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment. The hearing shall be scheduled within a reasonable time of the date of the summary suspension.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B13","next_prefix":"D"},"27":{"id":281196,"text":"Any licensee or certificate holder whose license or certificate has been suspended shall not engage in the activity for which he has been certified or licensed pending the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"28":{"id":281197,"text":"The Board shall suspend a license or certificate if a civil penalty is not paid within 60 days or a challenge is not made pursuant to subsection D of § 3.2-3943. When deciding whether to deny, suspend, revoke, or modify any certificate or license, the Board shall give due consideration to: (i) the history of previous violations; (ii) the seriousness of the violation including any irreparable harm to the environment and any hazards to the health and safety of the public; and (iii) the demonstrated good faith in attempting to achieve compliance with the chapter after notification of the violation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14698,"edition_id":1,"name":"Violations, Penalties, and Proceedings in Case of Violations","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":196011,"object_type":"structure","relational_id":14698,"identifier":"5","token":"3.2\/III\/39\/5","url":"\/3.2\/III\/39\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13103,"edition_id":1,"name":"Pesticide Control","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195857,"object_type":"structure","relational_id":13103,"identifier":"39","token":"3.2\/III\/39","url":"\/3.2\/III\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66280,"structure_id":14698,"section_number":"3.2-3938","catch_line":"Misbranded pesticides","url":"\/3.2-3938\/","token":"3.2\/III\/39\/5\/3.2-3938","metadata":false},{"id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","metadata":false},{"id":78440,"structure_id":14698,"section_number":"3.2-3940","catch_line":"Administrative violations","url":"\/3.2-3940\/","token":"3.2\/III\/39\/5\/3.2-3940","metadata":false},{"id":56690,"structure_id":14698,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","url":"\/3.2-3941\/","token":"3.2\/III\/39\/5\/3.2-3941","metadata":false},{"id":74042,"structure_id":14698,"section_number":"3.2-3942","catch_line":"Right of entry; warrant requirements; procedure","url":"\/3.2-3942\/","token":"3.2\/III\/39\/5\/3.2-3942","metadata":false},{"id":74946,"structure_id":14698,"section_number":"3.2-3943","catch_line":"Civil penalties; procedure","url":"\/3.2-3943\/","token":"3.2\/III\/39\/5\/3.2-3943","metadata":false},{"id":61810,"structure_id":14698,"section_number":"3.2-3944","catch_line":"\"Stop-sale or removal\" orders; \"stop-use\" orders; judicial review","url":"\/3.2-3944\/","token":"3.2\/III\/39\/5\/3.2-3944","metadata":false},{"id":61782,"structure_id":14698,"section_number":"3.2-3945","catch_line":"Seizure, condemnation, and sale","url":"\/3.2-3945\/","token":"3.2\/III\/39\/5\/3.2-3945","metadata":false},{"id":82056,"structure_id":14698,"section_number":"3.2-3946","catch_line":"Proceedings in case of violations","url":"\/3.2-3946\/","token":"3.2\/III\/39\/5\/3.2-3946","metadata":false},{"id":56338,"structure_id":14698,"section_number":"3.2-3947","catch_line":"Penalties","url":"\/3.2-3947\/","token":"3.2\/III\/39\/5\/3.2-3947","metadata":false}],"previous_section":{"id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","metadata":false},"next_section":{"id":56690,"structure_id":14698,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","url":"\/3.2-3941\/","token":"3.2\/III\/39\/5\/3.2-3941","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3940\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 535; in 1966, chapter 702; in 1976, chapter 627; in 1981, chapter 260; in 1989, chapter 575; in 1993, chapter 773; in 2008, chapter 860<\/a>.<\/p>","references":[{"id":72035,"section_number":"3.2-3930","catch_line":"Application and certification of commercial applicators","order_by":null,"url":"\/3.2-3930\/"},{"id":57699,"section_number":"3.2-3932","catch_line":"Application and certification of private applicators","order_by":null,"url":"\/3.2-3932\/"},{"id":56690,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","order_by":null,"url":"\/3.2-3941\/"}],"refers_to":[{"id":73910,"section_number":"3.2-3924","catch_line":"Annual business license required","order_by":null,"url":"\/3.2-3924\/"},{"id":74946,"section_number":"3.2-3943","catch_line":"Civil penalties; procedure","order_by":null,"url":"\/3.2-3943\/"}],"permalink":{"id":196021,"object_type":"law","relational_id":78440,"identifier":"3.2-3940","token":"3.2\/III\/39\/5\/3.2-3940","url":"\/3.2-3940\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3940\/","token":"3.2\/III\/39\/5\/3.2-3940","dublin_core":{"Title":"Administrative violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3940","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to imposing civil penalties and referring violations for criminal prosecution<\/span>, the Board<\/span> may deny, suspend, modify, or revoke a license after providing an opportunity for a hearing<\/span> if it finds that the applicant, licensee<\/span>, or his employee has committed any of the following violations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Made false or fraudulent claims through any media misrepresenting the effect of materials<\/span> or methods; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Made a pesticide recommendation inconsistent with the label<\/span> registered pursuant to this chapter, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal Insecticide<\/span>, Fungicide<\/span>, and Rodenticide<\/span> Act (7 U.S.C. § 136 et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Acted as a pesticide business<\/span> with negligence<\/span>, incompetence, or misconduct; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Made false or fraudulent records, invoices, or reports; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Failed to submit records required by the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Used fraud<\/span>, misrepresentation, or false information in an application for a license or a renewal of a license; or in selling or offering to sell pesticides; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Stored or disposed of containers or pesticides by means other than those prescribed on the label<\/span> or by regulation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Provided or made available any restricted use pesticide<\/span> to any person not certified<\/span> to apply such product; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Failed to notify the Department<\/span> of a reportable pesticide spill, accident, or incident; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Acted as a pesticide business<\/span> without first obtaining the pesticide business<\/span> license required in § 3.2-3924<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Failed to pay any civil penalty<\/span> assessed by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After opportunity for a hearing<\/span>, the Board<\/span> may deny, suspend, revoke, or modify the provision of any certificate<\/span> if it finds that the applicant or the holder of a certificate<\/span> has: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Made claims through any media that intentionally misrepresent the effects on the environment likely to result from the application of a pesticide; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Used or caused to be used any pesticide inconsistent with: (i) the label<\/span> registered by the U.S. Environmental Protection Agency; (ii) a Virginia state registered use; or (iii) other permissible uses<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Applied any pesticide in a negligent manner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Failed to comply with the provisions of Article 3, regulations adopted hereunder, or of any lawful order<\/span> of the Commissioner<\/span> or the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Failed to: (i) keep and maintain required records or reports; or (ii) furnish or permit access to any such records or reports for copying by the Commissioner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Made false or fraudulent records, invoices, or reports concerning the use or application of any pesticide; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Used or caused to be used any pesticide classified for restricted use<\/span> unless under the direct supervision of<\/span> a certified applicator<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Used fraud<\/span> or misrepresentation in applying for a certificate<\/span> or renewal of a certificate<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Failed to comply with any limitations or restrictions on a certification<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Aided, abetted, or conspired with any person to violate the provisions of Article 3; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Impersonated any federal, state, or local official; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Made any statement, declaration, or representation implying that any person certified or registered under the provisions of Article 3 is recommended or endorsed by any agency of the Commonwealth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Been convicted or is subject to a final order<\/span> assessing a penalty<\/span> pursuant to § 14 (a) or (b) of the Federal Insecticide<\/span>, Fungicide<\/span> and Rodenticide<\/span> Act (7 U.S.C. § 136 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> may, without a hearing<\/span>, suspend the license of any person licensed<\/span> or certified simultaneously with the institution of proceedings for a hearing<\/span>, if he finds there is a substantial danger to the public health, safety, or the environment. The hearing<\/span> shall be scheduled within a reasonable time of the date of the summary suspension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any licensee<\/span> or certificate<\/span> holder whose license or certificate<\/span> has been suspended shall not engage in the activity for which he has been certified or licensed<\/span> pending the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall suspend a license or certificate<\/span> if a civil penalty<\/span> is not paid within 60 days or a challenge is not made pursuant to subsection D of § 3.2-3943<\/a>. When deciding whether to deny, suspend, revoke, or modify any certificate<\/span> or license, the Board<\/span> shall give due consideration to: (i) the history of previous violations; (ii) the seriousness of the violation including any irreparable harm to the environment and any hazards to the health and safety of the public; and (iii) the demonstrated good faith in attempting to achieve compliance with the chapter after notification of the violation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE VIOLATIONS (\u00a7 3.2-3940)\n\nA. In addition to imposing civil penalties and referring violations for criminal\nprosecution, the Board may deny, suspend, modify, or revoke a license after\nproviding an opportunity for a hearing if it finds that the applicant, licensee,\nor his employee has committed any of the following violations:\n\n 1. Made false or fraudulent claims through any media misrepresenting the\n effect of materials or methods;\n\n 2. Made a pesticide recommendation inconsistent with the label registered\n pursuant to this chapter, provided that such deviation may include provisions\n set forth in Section 2 (ee) of the Federal Insecticide, Fungicide, and\n Rodenticide Act (7 U.S.C. § 136 et seq.);\n\n 3. Acted as a pesticide business with negligence, incompetence, or misconduct;\n\n 4. Made false or fraudulent records, invoices, or reports;\n\n 5. Failed to submit records required by the Board;\n\n 6. Used fraud, misrepresentation, or false information in an application for a\n license or a renewal of a license; or in selling or offering to sell\n pesticides;\n\n 7. Stored or disposed of containers or pesticides by means other than those\n prescribed on the label or by regulation;\n\n 8. Provided or made available any restricted use pesticide to any person not\n certified to apply such product;\n\n 9. Failed to notify the Department of a reportable pesticide spill, accident,\n or incident;\n\n 10. Acted as a pesticide business without first obtaining the pesticide\n business license required in § 3.2-3924; or\n\n 11. Failed to pay any civil penalty assessed by the Board.\n\nB. After opportunity for a hearing, the Board may deny, suspend, revoke, or\nmodify the provision of any certificate if it finds that the applicant or the\nholder of a certificate has:\n\n 1. Made claims through any media that intentionally misrepresent the effects\n on the environment likely to result from the application of a pesticide;\n\n 2. Used or caused to be used any pesticide inconsistent with: (i) the label\n registered by the U.S. Environmental Protection Agency; (ii) a Virginia state\n registered use; or (iii) other permissible uses;\n\n 3. Applied any pesticide in a negligent manner;\n\n 4. Failed to comply with the provisions of Article 3, regulations adopted\n hereunder, or of any lawful order of the Commissioner or the Board;\n\n 5. Failed to: (i) keep and maintain required records or reports; or (ii)\n furnish or permit access to any such records or reports for copying by the\n Commissioner;\n\n 6. Made false or fraudulent records, invoices, or reports concerning the use\n or application of any pesticide;\n\n 7. Used or caused to be used any pesticide classified for restricted use\n unless under the direct supervision of a certified applicator;\n\n 8. Used fraud or misrepresentation in applying for a certificate or renewal of\n a certificate;\n\n 9. Failed to comply with any limitations or restrictions on a certification;\n\n 10. Aided, abetted, or conspired with any person to violate the provisions of\n Article 3;\n\n 11. Impersonated any federal, state, or local official;\n\n 12. Made any statement, declaration, or representation implying that any\n person certified or registered under the provisions of Article 3 is\n recommended or endorsed by any agency of the Commonwealth; or\n\n 13. Been convicted or is subject to a final order assessing a penalty pursuant\n to § 14 (a) or (b) of the Federal Insecticide, Fungicide and Rodenticide\n Act (7 U.S.C. § 136 et seq.).\n\nC. The Commissioner may, without a hearing, suspend the license of any person\nlicensed or certified simultaneously with the institution of proceedings for a\nhearing, if he finds there is a substantial danger to the public health, safety,\nor the environment. The hearing shall be scheduled within a reasonable time of\nthe date of the summary suspension.\n\nD. Any licensee or certificate holder whose license or certificate has been\nsuspended shall not engage in the activity for which he has been certified or\nlicensed pending the hearing.\n\nE. The Board shall suspend a license or certificate if a civil penalty is not\npaid within 60 days or a challenge is not made pursuant to subsection D of\n§ 3.2-3943. When deciding whether to deny, suspend, revoke, or modify any\ncertificate or license, the Board shall give due consideration to: (i) the\nhistory of previous violations; (ii) the seriousness of the violation including\nany irreparable harm to the environment and any hazards to the health and safety\nof the public; and (iii) the demonstrated good faith in attempting to achieve\ncompliance with the chapter after notification of the violation.\n\nHISTORY: Code 1950, \u00a7 3-208.31; 1960, c. 535; 1966, c. 702, \u00a7 3.1-233; 1976,\nc. 627; 1981, c. 260; 1989, c. 575, \u00a7\u00a7 3.1-249.63, 3.1-249.76; 1993, c. 773;\n2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}