Nevada Revised Statutes 555.350 – Suspension, revocation or modification of business license or license issued to applicator; background check required when disciplinary action initiated
1. The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator under NRS 555.2605 to 555.460, inclusive, if the Director finds that:
Terms Used In Nevada Revised Statutes 555.350
- Control: means to cut, destroy or eradicate established noxious weed populations in order to prevent:
(a) The spread, maturation and dispersal of any propagative part of the noxious weed; and
(b) The reproduction and spread of the noxious weed. See Nevada Revised Statutes 555.005
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the State Department of Agriculture. See Nevada Revised Statutes 555.005
- Director: means the Director of the Department. See Nevada Revised Statutes 555.005
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Pest: means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this State, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasma, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest. See Nevada Revised Statutes 555.005
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in pest control;
(c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee has operated faulty or unsafe equipment;
(f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise in a faulty, careless or negligent manner;
(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations adopted pursuant thereto;
(h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;
(i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed the license to be used by an unlicensed person;
(j) The licensee was intentionally guilty of fraud or deception in the procurement of the license;
(k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation;
(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country; or
(m) The licensee has failed to provide adequate instruction or supervision to any unlicensed applicator working under the supervision of the licensee.
2. A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the licenses remain suspended until the insurance is re-established.
3. If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection constitutes an additional ground for the revocation, suspension or modification of the license pursuant to this section.