§ 4.1-33-20 — Penalties

1. Any person other than a private applicator who knowingly violates this chapter is guilty
of a class A misdemeanor.
2. Any private applicator who knowingly violates this chapter is guilty of a class B
misdemeanor.
3. When construing and enforcing the provisions of this chapter, the act, omission, or
failure of any officer, agent, or other person acting for or employed by any person must
in every case be also deemed to be the act, omission, or failure of such person as well
as that of the person employed.
4. A person who violates this chapter or the rules adopted under this chapter is subject to
a civil penalty not to exceed five thousand dollars for each violation. The civil penalty
may be imposed by a court in a civil proceeding or by the agriculture commissioner
through an adjudicative proceeding pursuant to chapter 28-32. The assessment of a
civil penalty does not preclude the imposition of other sanctions authorized by law, this
chapter, or rules adopted under this chapter.
5. After providing an opportunity for a hearing, the commissioner may deny, suspend,
revoke, or modify the provision of any certification issued under this chapter, if the
commissioner determines that the applicant for certification or the holder of a
certificate has violated this chapter or any rules adopted under this chapter, or has a
criminal conviction subject to a final order imposing a civil penalty under section 136l
of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.].