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Nohle, Donald - Order, June 4, 2001

Order, June 4, 2001

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the matter of the alleged violation of Article 33 of the Environmental Conservation Law and Title 6 Part 325 of the Official Compilation of Codes Rules and Regulations of the State of New York by:

DONALD NOHLE
17 Wardwell Street
Adams, New York,
Respondent.

ORDER

Case No: R620000620-43

WHEREAS:

  1. Pursuant to Section 622.15, Title 6 of the Official Compilation of Codes Rules and Regulations of the State of New York ("6 NYCRR"), Staff of the Region 6 Office of the Department of Environmental Conservation (the "Department") served a Motion for Default Judgment on Donald Nohle, (the "Respondent") by personal service.
  2. The supporting papers submitted with the motion prove that on December 9th, 2000, the Department served a Notice of Hearing and Complaint upon Respondent by personal service. The Notice of Hearing directed that the Respondent file an answer with the Department within 20 calendar days of Respondent's receipt of the Notice of Hearing and Complaint. The Notice of Hearing also provided that failure to answer would constitute a default and waiver of the right to a hearing.
  3. I adopt the conclusions of the Administrative Law Judge's report, attached hereto.
  4. Failure to answer a Complaint is grounds for default judgment pursuant to 6 NYCRR Section 622.15.

NOW, THEREFORE, having considered this matter it is ORDERED that:

  1. Pursuant to 6 NYCRR Section 622.15, Respondent is found to be in default and accordingly, Staff's allegations against Respondent are deemed to be been admitted by the Respondent;
  2. Respondent shall pay a civil penalty of five thousand dollars which shall be paid to the Department, Attention Regional Attorney, NYSDEC 317 Washington Street, Watertown, New York, 13601, within sixty days.
  3. Respondent's commercial pesticide applicator's certification is suspended for a period of two years pursuant to 6 NYCRR Section 325.13(a) and Respondent shall immediately surrender his certification identification card and all copies or facsimiles thereof to NYSDEC, Region 6, Pesticide Control Specialist, 317 Washington Street, Watertown, New York 13601.

For the New York State Department of Environmental Conservation
/s/
By: Erin M. Crotty,
Commissioner

Dated: Albany, New York
June 4, 2001

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