§ 35-10-119 — Inspections - investigations - access - subpoena

(1) The
commissioner shall provide for the inspection and analysis of pesticides being used
and for the inspection of equipment, devices that require licensure for use, or
apparatus used for the application of pesticides, and the commissioner may require
proper repairs or other changes before further use.

(2) The commissioner, upon the commissioner's own motion or upon the
complaint of any person, may make all investigations necessary to ensure
compliance with this article 10.

(3) Complaints of record made to the commissioner and the results of the
commissioner's investigations may, in the discretion of the commissioner, be closed
to public inspection, except to the person in interest, as defined in section 24-72-202 (4), or as provided by court order, during the investigatory period and until
dismissed or until notice of hearing and charges are served on a licensee.

(4) At any reasonable time during regular business hours, the commissioner
shall have free and unimpeded access upon consent or upon obtaining an
administrative search warrant:

(a) To any land, water, or structures thereon in which any devices that
require licensure for use, pesticides, containers, rinsates, or other related materials
are or have been kept, used, stored, handled, processed, disposed of, or transported
for the purpose of carrying out any provision of this article or any rule made
pursuant to this article;

(b) To all records required to be kept and may make copies of such records
for the purpose of carrying out any provision of this article or any rule made
pursuant to this article.

(5) The commissioner may administer oaths and take statements; issue
subpoenas requiring the attendance of witnesses before the commissioner and the
production of all books, memoranda, papers, and other documents, articles, or
instruments; and compel the disclosure by such witnesses of all facts known to
them relative to the matters under investigation. Upon the failure or refusal of a
witness to obey a subpoena, the commissioner may petition the district court, and,
upon a proper showing, the court may enter an order compelling the witness to
appear and testify or produce documentary evidence. Failure to obey such an order
of the court is punishable as a contempt of court.

Legislative History

Source: L. 90: Entire article R&RE, p. 1587, � 1, effective May 31. L. 2006: (1) and (4)(a) amended, p. 296, � 10, effective July 1; (4)(a) amended, p. 1265, � 13, effective January 1, 2007. L. 2025: (2), (3), and (5) amended, (HB 25-1084), ch. 24, p. 105, � 48, August 6.