LD 1890
pg. 17
Page 16 of 27 PUBLIC Law Chapter 620 Page 18 of 27
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LR 2618
Item 1

 
A. If it does not appear to the board that the a pesticide is
such as to warrant warrants the proposed claims for it or if
the pesticide and its labeling and other material required to
be submitted do not comply with the provisions of this
subchapter or regulations rules adopted thereunder under this
subchapter, the board shall notify the applicant of the manner
in which the pesticide, labeling or other material required to
be submitted fails to comply with the provisions of this
subchapter so as to afford the applicant an opportunity to
make the necessary corrections and shall notify, in a manner
consistent with the Maine Administrative Procedure Act, the
applicant of the opportunity for hearing prior to refusal to
register.

 
B. When the board determines that a pesticide or its
labeling does not comply with the provisions of this
subchapter or the regulations rules adopted thereunder under
this subchapter, the board may cancel or refuse to renew the
registration of a pesticide or change its classification,
after notice and opportunity for hearing has been provided
in a manner consistent with the rule-making provisions of
the Maine Administrative Procedure Act.

 
C. When the board determines that there is an imminent
hazard, it may, on its own motion, suspend the registration
of a pesticide in a manner consistent accordance with the
Maine Administrative Procedure Act, Title 5, section 8054,
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


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