In decision 98-PES-04, the Board granted a stay of the Deputy Administrator’s decision to suspend Interior Pest Control’s (“IPC”) Service Licence on the condition that IPC comply with certain conditions. One condition was to submit IPC’s Operations Records to the Deputy Administrator every two weeks. One month after the stay was granted, the Deputy Administrator asked the Board to set aside the stay because IPC had failed to send in its Operations Records and had used the insecticide Dursban 2E to treat a tent caterpillar infestation.
The Board found that to set aside a stay, the Board needs new evidence that would tip the balance of convenience against the stay. The Board found that there was no such evidence presented. It found that IPC had been submitting its Operation Records, although it had been submitting them late. The Board also noted that the Deputy Administrator had not provided any information regarding how the use of Dursban 2E would negatively impact the environment or public health. Consequently, the Board refused the application to set aside the stay.
