1.6 License Suspension, Revocation, Hearings & Financial Responsibility

Section 1.6: License Suspension, Revocation, Hearings & Financial Responsibility

Overview of MDAR Enforcement Authority

The Massachusetts Department of Agricultural Resources (MDAR) regulates pesticides under M.G.L. c. 132B and the regulations at 333 CMR 2.00 through 14.00. When a violation occurs, MDAR's Pesticide Enforcement Program can take a range of escalating actions — from a Letter of Warning up through License Revocation and Administrative Consent Orders. The legal framework that governs the most serious actions — suspension, revocation, modification, or denial of a credential — is set out in 333 CMR 10.10, with the appeal route specified in 333 CMR 10.15 and the financial responsibility requirement in 333 CMR 10.13.

Grounds for Suspension, Revocation, Modification, or Denial (333 CMR 10.10)

Under 333 CMR 10.10, after affording the certificate or license holder notice and an opportunity for a hearing, MDAR may suspend, deny, revoke, or modify any certification or license if it finds any of the following:

1. Terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
2. False or misleading statement made in the application for the credential.
3. Violation of any provision of the Massachusetts Pesticide Control Act (M.G.L. c. 132B), FIFRA, or any regulation, standard, order, certification, license, or permit issued under either.
4. Lack of competence with respect to the use and handling of pesticides, or the use and handling of the pesticide or class of pesticides covered by the credential.
5. Failure to maintain liability insurance in the amounts specified in 333 CMR 10.13.

Preliminary Suspension Pending Inquiry

333 CMR 10.10 authorizes MDAR to suspend any certification or license pending a preliminary inquiry for no longer than ten days before the notice-and-hearing process. This short, emergency suspension is used when MDAR believes continued practice would create an immediate risk to public health or the environment — for example, an applicator whose license was obtained by fraud, or whose pesticide handling caused a serious spill.

Rights of Appeal (333 CMR 10.15)

Any person aggrieved by a determination by MDAR to issue, deny, revoke, modify, or suspend any certification or license may request an adjudicatory hearing before the Pesticide Board. The request must be filed within 21 days of the determination, as provided in M.G.L. c. 132B §13.

The adjudicatory hearing is the applicator's due process opportunity to contest the MDAR action, present evidence, cross-examine witnesses, and argue that the violation did not occur or that the proposed sanction is disproportionate. The Pesticide Board issues a written decision. A party aggrieved by the Board's decision may seek judicial review in the Massachusetts Superior Court under the Massachusetts Administrative Procedure Act, M.G.L. c. 30A §14.

Financial Responsibility (333 CMR 10.13)

As a condition of obtaining or renewing a license or commercial certification, an applicant must submit an attestation by an insurance broker certifying that the applicant's insurance policy meets or exceeds the standards in 333 CMR 10.13. The minimum comprehensive general liability insurance coverage for ground application is:

Pollution Liability Endorsement

Insurance policies must include an endorsement that modifies any pollution exclusion provision, so that the policy actually responds to pesticide-related bodily injury or property damage claims. MDAR may waive this requirement for an industry segment only when documentation shows that pollution liability coverage is not available to that segment.

Aerial Drift Coverage

For aerial applicators, the policy must include coverage for chemical drift resulting from legally carried out purposeful use of pesticides by commercial aerial pesticide applicators.

Combined Limits Permitted

Insurance policies may be written with combined bodily injury and property damage limits, so long as the combined limits equal or exceed the sum of the required individual limits.

Employer-Controlled Premises

Applicators who apply pesticides only to premises owned or controlled by their employer — and to which the public is not invited and free access is not permitted — are not required to meet either the property damage or bodily injury insurance requirements. Applicators who apply to employer-controlled premises where the public is invited must still meet the bodily injury requirements.

Notification of Insurance Changes

An applicator must notify MDAR in writing when the applicator's insurance is altered, revoked, or amended. Lapsed insurance is a stand-alone ground for suspension under 333 CMR 10.10(5).

Self-Insurance Alternative

If an applicator demonstrates that they are employed by a business entity with net assets exceeding $1,000,000, that the employer maintains a registered agent in Massachusetts for service of process, and that the applicator's pesticide activities are performed only for that employer, MDAR may waive the insurance requirement.

Government Employees Exempt

Financial responsibility under 333 CMR 10.13 is not required of persons whose pesticide applicator activities are part of their duties as governmental employees when they are working in their governmental capacity.

Categories of MDAR Enforcement Action

MDAR's published enforcement action list shows the types of actions that can be taken when pesticide laws are violated:

How Suspensions and Revocations Are Documented

When MDAR suspends or revokes a license, the public enforcement action table records the individual or business name, the action taken, the date of issuance, and the specific regulatory and statutory provisions violated. Common citation patterns include 333 CMR 10.06 (use by unlicensed persons), 333 CMR 10.13 (insurance), 333 CMR 10.14 (recordkeeping), 333 CMR 13.02 (right-of-way and structural standards), and M.G.L. c. 132B §6A (registration / licensing requirement).

Practical Compliance Notes

• Keep the insurance broker attestation on file and submit it with every renewal application.
• Notify MDAR in writing immediately if the insurance carrier cancels or non-renews the policy.
• Respond to every MDAR notice of violation in writing within 21 days to preserve appeal rights.
• Document corrective action taken in response to an Administrative Order — MDAR considers corrective action in negotiating the final disposition.
• Do not apply pesticides while a license is suspended, even if an appeal is pending, unless MDAR issues a stay.
• Treat a Notice of Assessment (Fine) seriously — unpaid fines can be referred to the Massachusetts Attorney General for collection.