Section 33-0901. Commercial permits

1.  A  commercial permit is required for the distribution, sale, offer
  for sale, purchase for the purpose of  re-sale  or  possession  for  the
  purpose of re-sale of a restricted use pesticide.
    2.  Any  person  desiring  such  a  permit  shall  file an application
  containing such information required by the commissioner and in  a  form
  prescribed  by  the  commissioner.  The  commissioner  shall examine the
  application and shall issue or refuse  to  issue  the  permit  requested
  therein.   The   commissioner  shall  impose  whatever  restrictions  or
  conditions on the permit he deems appropriate in order to fully  protect
  the  public interest. Such a permit shall not be valid for more than two
  years as determined by the commissioner. A separate permit  is  required
  for each location in the state, and a fee for each location in the state
  of six hundred dollars is required.
    3.  Upon  the  sale  by a commercial permit holder of a restricted use
  pesticide to a purchase permit  holder,  the  commercial  permit  holder
  shall   cancel   the  permit  in  a  manner  to  be  prescribed  by  the
  commissioner.
    4. The holder of a  commercial  permit  may  purchase  restricted  use
  pesticides  for  re-sale  without being required to obtain and present a
  purchase permit, as provided for in section 33-0903.
    5. The holder of a commercial permit must maintain and make  available
  to  the commissioner or his agents, for at least two years, accurate and
  detailed records accounting for all restricted use  pesticides  acquired
  by  him  and  disposed  of  by him, including, but not limited to dates,
  names and addresses of all suppliers and the  quantities  acquired  from
  each,   and  the  names,  addresses,  permit  numbers  or  certification
  identification card  numbers  of  all  purchasers,  and  the  quantities
  purchased by each.
    6.  The  reasons  for  the denial of an application or revocation of a
  commercial permit may include, but not be limited to,  the  commissioner
  being satisfied of one or more of the following:
    a.  That any statement in the application or upon which the permit was
  issued is or was false or misleading;
    b. That  the  applicant  or  permit  holder  does  not  have  adequate
  facilities   for   the   storage  and  distribution  of  restricted  use
  pesticides;
    c. That the applicant or  permit  holder  has  engaged  in  fraudulent
  business practices relating to the sale and distribution of pesticides;
    d.  That  the applicant or permit holder has failed to comply with any
  provision of subdivisions 1 through 5 inclusive of section  33-0303  and
  titles  5,  7, 11, 13 and 15 of this article or rules and regulations of
  the department made pursuant thereto; or
    e. That the applicant or permit holder has failed to demonstrate  that
  he has sufficient knowledge and experience concerning the proper use and
  application of pesticides.
    7.  A  formal  hearing  shall  not  be required and the commissioner's
  decision in denying or revoking a  permit  shall  be  final  unless  the
  applicant  or  permit  holder institutes a review within the time and in
  the manner prescribed by article 78 of the Civil Practice Law and Rules.