February 3, 2010
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF INTENT TO DENY PRIVATE PESTICIDE CERTIFICATION
NOTICE OF HEARING
IN THE MATTER OF DOUGLAS LAMOY, 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 March 24, 2009, served applicant Douglas Lamoy with a notice of intent to deny a Private 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 pesticide certification if the applicant has been convicted of a felony. The Department determined that applicant has been convicted of a felony. On April 18, 2009, applicant requested a hearing.
PLEASE TAKE FURTHER NOTICE that a hearing has been scheduled in this matter to commence Wednesday, March 3, 2010, at 10:00 A.M., at the Department's Region 5 Office, Route 86, Ray Brook, NY 12977-0296, and to continue through March 4, 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 March 3, 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 firstname.lastname@example.org.
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 February 24, 2010. Filing by FAX or email will not be accepted.
James T. McClymonds
Chief Administrative Law Judge
Dated: Albany, New York
February 3, 2010