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Wiebeld, Stephen

December 9, 2009

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
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NOTICE OF INTENT TO DENY COMMERCIAL PESTICIDE CERTIFICATION
AND
NOTICE OF HEARING
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IN THE MATTER OF STEPHEN WIEBELD, Applicant.

PLEASE TAKE NOTICE that pursuant to Environmental Conservation Law (ECL) section 33-0909 and part 325 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR), the New York State Department of Environmental Conservation (Department), on May 18, 2007, served applicant Stephen Wiebeld with a notice of intent to deny a Commercial Pesticide Certification application submitted by him.

Pursuant to ECL 33-0909(1)(b) and 6 NYCRR 325.13, the Department may deny an application for commercial pesticide certification if the applicant has been convicted of a felony. The Department determined that applicant has been convicted of a felony. On June 3, 2007, applicant requested a hearing.

PLEASE TAKE FURTHER NOTICE that a hearing has been scheduled in this matter to commence Wednesday, January 6, 2010, at 10:00 A.M., at the Department's Region 8 Office, 6274 East Avon-Lima Road, Avon, New York 14414, and to continue through January 7, 2010, if necessary. The hearing is open to the public and will start with a legislative hearing at which members of the public are invited to comment on the Department's proposed action to deny the application. Comments may be made orally or submitted in writing. Those wishing to submit written comments only should do so on or before January 6, 2010, by submitting them by mail to Administrative Law Judge (ALJ) Richard R. Wissler, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY12233-1550, or by email to rrwissle@gw.dec.state.ny.us.

The hearing will be conducted pursuant to the Department's Permit Hearing Procedures, 6 NYCRR part 624.

PLEASE TAKE FURTHER NOTICE that interested parties who wish to intervene and participate in the hearing with full party or
amicus status may do so upon filing a petition which satisfies the requirements set forth in 6 NYCRR 624.4 and 624.5. Petitions for full party or amicus status must be filed with ALJ Wissler at the postal address listed above on or before December 30, 2009. Filing by FAX or email will not be accepted.

James T. McClymonds
Chief Administrative Law Judge

Dated: Albany, New York
December 9, 2009

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