[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301.45-12]

[Page 29-30]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                           Subpart_Gypsy Moth
 
Sec. 301.45-12  Disqualification of qualified certified applicator to 
issue certificates.

    (a) Any qualified certified applicator may be disqualified from 
issuing certificates by the Administrator if he determines that one of 
the following has occurred:
    (1) Such person is not certified by a State and/or Federal 
Government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 
U.S.C. 136b) in a category allowing use of the restricted pesticides 
Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration 
No. 45639-1), and acephate (Orthene[reg]); or
    (2) Noncompliance with any of the provisions of this subpart; or,
    (3) Failure to attend and complete, each time such person is 
recertified as a certified commercial applicator under FIFRA, a workshop 
approved by the Administrator on the identification and treatment of 
life stages of gypsy moth on outdoor household articles and mobile 
homes.
    (b) The disqualification is effective upon oral or written 
notification, whichever is earlier. The reasons for the disqualification 
shall be confirmed in writing as promptly as circumstances permit, 
unless contained in the written notification. Any qualified certified 
applicator who is disqualified from issuing certificates may appeal

[[Page 30]]

the decision in writing to the Administrator within ten (10) days after 
receiving written notification of the disqualification. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the disqualification was a wrongful action. The Administrator shall 
grant or deny the appeal, in writing, stating the reasons for his 
decision as promptly as circumstances permit. If there is a conflict as 
to any material fact, a hearing shall be held to resolve such conflict. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]