§ 14-24-5-7 — Notice to destroy pests or pathogens

(a) If a pest or pathogen is discovered by an
inspection under this chapter, the division shall provide a written notice
to the person that owns or controls the premises or plant where the pest
or pathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy or control
the pest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that infested plants may not be sold or
transported from the site of inspection until the pest or pathogen is
successfully treated.
(d) A written notice issued under this section is effective when
served. A person that is aggrieved by the notice may request an
administrative adjudication of the notice under IC 4-21.5-3-6. In
addition, an aggrieved person may seek temporary relief from the
notice under IC 4-21.5-4. Unless otherwise agreed to by the parties, a
hearing on temporary relief must be conducted within thirty (30) days
of receipt of the hearing request in the county where the infested plants
are located.
[Pre-1995 Recodification Citation: 14-7-6-6.]

Legislative History

As added by P.L.1-1995, SEC.17. Amended by P.L.92-2025, SEC.32.