LD 1890
pg. 18
Page 17 of 27 PUBLIC Law Chapter 620 Page 19 of 27
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LR 2618
Item 1

 
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 advise EPA of the
manner in which the pesticide, labeling or other material
required to be submitted fails to comply with the provisions of
FIFRA, and suggest necessary corrections.

 
3.__Person adversely affected by board action.__Any person
adversely affected by a final action of the board under this
section may obtain judicial review thereof by filing in the
District Court, within 60 days after the entry of that final
action, a petition praying that the action be set aside in whole
or in part.__A copy of the petition must be forthwith transmitted
by the clerk of the court to the board and upon receipt the board
shall file in the court the record of the proceedings on which it
based its final action. The court has jurisdiction to affirm or
set aside the final action complained of in whole or in part.__
The findings of the board with respect to questions of fact must
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 the evidence in the
prior hearing.__The board may modify its findings and final
action by reason of the additional evidence and shall file the


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