§ 22-7p — Bonds.

Connecticut § 22-7p

• Jurisdiction: Connecticut
• Title 22: Agriculture. Domestic Animals
• Ch. 422: Department of Agriculture

Text

(a) Any person, firm or corporation violating a permit or order issued by the Commissioner of Agriculture pursuant to any provision of chapter 432 to 434, inclusive, 436, 437 or 438a shall post a bond or other security, satisfactory to the commissioner, payable to the state. The commissioner shall determine the amount of the bond or other security, provided such amount shall not exceed ten thousand dollars. In determining the amount, the commissioner shall consider the extent of the violation, the number of repeated violations, the potential for the spread of disease and the threat to the public health and environment. Such bond, with sufficient surety or other security, shall be filed with the commissioner in such form as he prescribes and conditioned upon compliance with the terms or conditions of such permit or order. (b) (1) Whenever the commissioner finds as the result of an investigation that the person, firm or corporation posting the bond or other security continues to violate the terms or conditions of the permit or order, the commissioner may send a notice to such person, firm or corporation by certified mail, return receipt requested. Any such notice shall include: (A) A reference to the title, chapter or section of the general statutes, or to the regulation, rule or order alleged to have been violated; (B) a short and plain statement of the matter asserted or charged; (C) the amount of the bond or other security that may be forfeited for such violation; and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen days after the notice is mailed. (2) The commissioner shall hold a hearing upon the charges made unless such person, firm or corporation fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. After the hearing if the commissioner finds the person, firm or corporation has continued to violate the terms or conditions of the permit or order after posting a bond or other security pursuant to subsection (a) of this section, he shall order that such bond or other security be forfeited. If such person, firm or corporation fails to appear at the hearing, the commissioner shall order that such bond or other security be forfeited. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested to any person, firm or corporation named in such order. (3) Any person, firm or corporation aggrieved by an order of the commissioner issued pursuant to this subsection may appeal therefrom in accordance with the provisions of section 4-183 . (c) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section.

Legislative History

(P.A. 87-504, S. 4, 5; 87-589, S. 44, 87; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.) History: P.A. 87-589 amended Subsec. (b)(1) to specify that notice may contain reference to sections of the general statutes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.