(2.5) Proceedings under this section shall be conducted pursuant to article 4 of title 24, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to such proceedings in cases of deliberate or willful violation; in cases of violation of labeling directions or requirements; or in cases in which the actions or omissions of the licensee or registrant in violation of this article have caused or threatened to cause substantial danger or harm to public health and safety, to property, or to the environment, as defined by the commissioner pursuant to section 35-10-118 (2). In such cases, no revocation, suspension, limitation, or modification of a license or registration shall be lawful unless the commissioner has given the licensee or registrant notice in writing regarding any facts or conduct that may warrant such action and has afforded the licensee or registrant opportunity to submit written data, views, and arguments with respect to such facts or conduct.
Source: L. 90: Entire article R&RE, p. 1588, § 1, effective May 31. L. 96: IP(1) amended and (2.5) and (4) added, p. 1378, § 8, effective July 1. L. 2006: IP(1), (1)(c), (2), (2.5), and (3) amended, p. 1265, § 14, effective July 1.
Editor's note: This section is similar to former § 35-10-112 as it existed prior to 1990.
Cross references: For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.
Structure Colorado Code
Article 10 - Pesticide Applicators' Act
§ 35-10-102. Legislative Declaration
§ 35-10-105. Commercial Applicator - Business License Required
§ 35-10-106. Commercial Applicator - License Requirements - Application - Fees
§ 35-10-107. Commercial Applicator Business License - Renewals
§ 35-10-108. Commercial Applicators - Invoice Notice
§ 35-10-111. Record-Keeping Requirements
§ 35-10-112.5. Statewide Uniformity of Pesticide Control and Regulation - Exceptions
§ 35-10-113. Qualified Supervisor - License Required
§ 35-10-114. Certified Operator - License Required
§ 35-10-114.5. Private Applicator - License Required
§ 35-10-117.5. Unlawful Acts for Licensed Private Applicators
§ 35-10-118. Powers and Duties of the Commissioner
§ 35-10-119. Inspections - Investigations - Access - Subpoena
§ 35-10-121. Disciplinary Actions - Denial of License
§ 35-10-123. Criminal Penalties