§ 14-24-8-2 — Notice to destroy pests or pathogens

(a) If a pest or pathogen is discovered as a
result of an inspection under this chapter, the division shall provide a
written notice of the discovery to the person that owns or controls the
apiary.
(b) The notice must include the following:
(1) A description of the action 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 bees may not be sold or transported
from the apiary until the pest or pathogen is successfully treated. The
notice may require that bees shall be transferred to movable frame
hives within a specified time and that, if the transfer is not performed
as specified, the division director may order the destruction of all hives
and bees dwelling in the hives.
(d) A written notice issued under this section is effective when
served. A person who is aggrieved by the notice may request an
administrative adjudication 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 by the parties, a hearing on
temporary relief must be conducted within five (5) days of receipt of
the hearing request at a location convenient for both parties or virtually.
[Pre-1995 Recodification Citation: 14-7-8-2.]

Legislative History

As added by P.L.1-1995, SEC.17. Amended by P.L.92-2025, SEC.33.