South Dakota § 38-21-44.1 Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.

South Dakota Statutes

§ 38-21-44.1 — Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.

South Dakota § 38-21-44.1

Title 38AGRICULTURE AND HORTICULTURE

Ch. 38-19AAGRICULTURAL PESTICIDE APPLICATION

This text of South Dakota § 38-21-44.1 (Contemplated criminal proceedings--Notice--Opportunity to present views--Referral to state's attorney.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 38-21-44.1 (2026).

Text

If it appears from an examination pursuant to this chapter that there has been a violation of this chapter, and the secretary contemplates a referral to the state's attorney for criminal proceedings against a person, the secretary shall notify that person in writing. 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 by the person, 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, the examination of the pesticide or device or any other relevant evidence, and information in the possession of the 

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If it appears from an examination pursuant to this chapter that there has been a violation of this chapter, and the secretary contemplates a referral to the state's attorney for criminal proceedings against a person, the secretary shall notify that person in writing. 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 by the person, 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, the examination of the pesticide or device or any other relevant evidence, and information in the possession of the secretary. This referral by the secretary is not required if it appears to the secretary that the violation is minor, and the secretary believes that the public will be best served by a written warning.