South Dakota Statutes
§ 38-20A-49 — Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.
If it appears from an examination under § 38-20A-39 that a pesticide or device fails to comply with this chapter, and the secretary contemplates a referral to the state's attorney to institute criminal proceedings against a person, the secretary shall notify that person. A person so notified may present the person's views within thirty days of receiving notice, either orally or in writing, with regard to the contemplated proceedings. If, in the opinion of the secretary, it appears that this chapter has been violated, the secretary shall refer the facts to the state's attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide or device.
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South Dakota § 38-20A-49 (Notice of contemplated criminal proceedings--Opportunity to present views--Referral to state's attorney.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1947, ch 99, § 7; SDC Supp 1960, § 22.12A07 (1); SDCL, § 39-19-48; SL 1983, ch 281, § 41; SL 2020, ch 174, § 3.
Nearby Sections
15
§ 38-1-11
Executive assistants--Oath.§ 38-1-15
Secretary and executives devote entire time to office--Restrictions on holding of other office.§ 38-1-16
Promulgation of rules.§ 38-1-17
Repealed§ 38-1-18
Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.§ 38-1-18.1
Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.§ 38-1-19.1
Repealed