§ 11-9-108 — Cease and desist orders; quarantine; confiscation; destruction or removal of nursery stock; hearing; final orders; enforcement

Wyoming § 11-9-108

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 9: NURSERY STOCK

Text

(a) The department is authorized to issue cease and desist
orders to any nursery stock dealer, quarantine any place of
nursery stock business or order confiscation, destruction or
removal from the state, of any nursery stock the department
determines poses a serious risk of introducing or spreading
injurious insects, plant diseases, other pests or prohibited,
restricted, regulated or designated noxious weeds within the
state.
(b) All notices and orders required to be served by the
department under this article shall be served by certified mail,
return receipt requested, to the last known address of the
nursery stock dealer or may be served as provided by the Wyoming
rules of civil procedure. The notice of an order issued by the
department under this article shall include:
(i) A statement of the grounds for issuing the order,
including a citation of the statute or rule involved;
(ii) A statement of the supporting facts;
(iii) A statement informing the nursery stock dealer
subject to the order of the right to a hearing on the order
before the director, right of appeal of any subsequent order in
accordance with the Wyoming Administrative Procedure Act and
that failure to timely request a hearing shall result in the
order becoming final; and
(iv) A copy of the order.
(c) A request for a hearing on a proposed order issued by
the department under this article shall be in writing and shall
be submitted to the director no later than seven (7) days after
receipt of the notice from the department. The director shall
hold the hearing not later than fifteen (15) days after receipt
of the request for hearing, unless the nursery stock dealer
subject to the proposed order requests an extension of time for
good cause shown.
(d) A hearing on a proposed order issued under this
article shall be a contested case hearing conducted in
accordance with the Wyoming Administrative Procedure Act. After
the hearing, the director shall issue findings of fact and
conclusions of law and a final decision either confirming or
dismissing the proposed order. The director shall confirm a
proposed order only if the director finds by a preponderance of
the evidence that grounds exist under this article for issuing
the proposed order. Otherwise, the director shall dismiss the
proposed order. If the director confirms a proposed order it
shall become a final order.
(e) The department shall serve a final order upon the
nursery stock dealer who is the subject of the order. The final
order shall take effect upon service and shall remain in effect
until the department or a court of competent jurisdiction
terminates the final order. The nursery stock dealer who is the
subject of the final order may appeal the issuance of the final
order in accordance with Wyoming Administrative Procedure Act.
(f) On or after the effective date of a final order under
this article, the attorney general, upon request from the
department, may apply to the district court of the county in
which the nursery is located or the county where the violations
of this article occurred, for enforcement of the final order.