Section 33-0903. Purchase permits

1.  A purchase permit or certification identification card is required
  for the purchase, possession or use 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 not  issue  a  permit  to  so  purchase,
  possess  or  use  a  particular  pesticide if there is a reasonably less
  dangerous alternative available capable of performing the task required.
  The commissioner shall impose whatever restrictions or conditions on the
  permit he deems  appropriate  in  order  to  fully  protect  the  public
  interest.
    3.  Upon  the purchase by a purchase permit holder of a restricted use
  pesticide he shall present his purchase permit and have it cancelled  by
  the  commercial  permit  holder  selling the pesticide in a manner to be
  prescribed by the commissioner.
    4. The reasons for the denial of an application  or  revocation  of  a
  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 failed to justify his need for
  the quantity and types of restricted use pesticides requested;
    c. That the applicant  or  permit  holder  stored,  applied,  used  or
  disposed  of  any  pesticide contrary to the registered labeled usage or
  contrary to the conditions specified in his permit;
    d. That the applicant or permit holder has failed to comply  with  any
  provisions  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,
  application and disposal of pesticides.
    5. 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.
    6.  The  commissioner  is  authorized to exempt holders of a pesticide
  applicator certification from the requirement of  obtaining  a  purchase
  permit  as provided for herein. Such exemption shall apply only to those
  restricted use pesticides designated by the commissioner.