§ 2-7-18. Violations.
(a) If it appears from the examination of any commercial fertilizer that any of the provisions
of this chapter or the rules and regulations issued under this chapter have been violated,
the director shall cause notice of the violations to be given to the registrant, distributor,
or possessor from whom the sample was taken; any person notified shall be given opportunity
to be heard under any rules and regulations that may be prescribed by the director.
If it appears after the hearing, either in the presence or absence of the person so
notified, that any of the provisions of this chapter or rules and regulations issued
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§ 2-7-18. Violations.
(a) If it appears from the examination of any commercial fertilizer that any of the provisions
of this chapter or the rules and regulations issued under this chapter have been violated,
the director shall cause notice of the violations to be given to the registrant, distributor,
or possessor from whom the sample was taken; any person notified shall be given opportunity
to be heard under any rules and regulations that may be prescribed by the director.
If it appears after the hearing, either in the presence or absence of the person so
notified, that any of the provisions of this chapter or rules and regulations issued
under this chapter have been violated, the director may certify the facts to the attorney
general.
(b) Any person convicted of violating any provision of this chapter or rules and regulations
issued under this chapter shall be punished in the discretion of the court.
(c) Nothing in this chapter shall be construed as requiring the director or the director's
representative to report for prosecution or for the institution of seizure proceedings
as a result of minor violations of the chapter when the director believes that the
public interest will be best served by a suitable notice of warning in writing.
(d) It is the duty of the attorney general to whom any violation is reported to cause
appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction
without delay.
(e) The director is authorized to apply for and the court to grant a temporary or permanent
injunction restraining any person from violating or continuing to violate any of the
provisions of this chapter or any rule or regulation promulgated under the chapter
notwithstanding the existence of other remedies at law. The injunction shall be issued
without bond.