LD 1890
pg. 16
Page 15 of 25 An Act To Make Revisions to the Laws Governing Pesticide Control Page 17 of 25
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LR 2618
Item 1

 
as to emergency rule-making pending decisions reached after
notice and opportunity for a hearing 10004. Hearings shall
be held with the utmost possible expedition.

 
D. When the board becomes cognizant of any possible hazard
or violation involving either a registered or unregistered
product, it shall cause notice of such fact, stating the
date, hour and place of hearing, with a copy of the findings
or charge to be preferred, the possible hazard or violation
to be delivered by registered mail, return receipt
requested, to the person concerned, who shall be given an
opportunity to be heard under such rules and regulations as
may be prescribed by the board registrant and may cancel or
refuse to renew the registration of the pesticide or change
its classification after notice and opportunity for hearing
has been provided in a manner consistent with the Maine
Administrative Procedure Act.

 
E. Any person who will be adversely affected by such order
in this section may obtain judicial review thereof by filing
in the District Court, within 60 days after the entry of
such order, a petition praying that the order be set aside
in whole or in part. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the board
and thereupon the board shall file in the court the record
of the proceedings on which it based its order. The court
shall have jurisdiction to affirm or set aside the order
complained of in whole or in part. The findings of the
board with respect to questions of fact shall be sustained,
if supported by substantial evidence when considered on the
record as a whole. Upon application, the court may remand
the matter to the board to take further testimony, if there
are reasonable grounds for the failure to adduce such
evidence in the prior hearing. The board may modify its
findings and order by reason of the additional evidence so
taken and shall file the additional record and any
modification of the findings or order with the clerk of the
court.

 
2. Federally registered pesticides. If the board determines
that any federally registered pesticide, with respect to the use
of such pesticide within this State, does not warrant the claims
for it, or might cause unreasonable adverse effects on the
environment, the board may refuse to register the pesticide as
required in section 607, or, if the pesticide is registered under
section 607, the registration may be cancelled or suspended as
provided in may cancel or suspend the registration in accordance
with subsection 1. If the board believes the pesticide does not
comply with the provisions of FIFRA or the regulations adopted
thereunder by EPA pursuant to FIFRA, it shall


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