LegalFix
Sign In

§ 9.5-303. Tier 1 plants -- Actions and duties on discovery

MD Agric Code § 9.5-303 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    On finding a tier 1 plant in violation of § 9.5–302(a)(2) of this subtitle, the Secretary may:

(1)    Issue a written condemnation seizure order;

(2)    Mark or tag the plant in a conspicuous manner; and

(3)    Provide written notice to the owner, tenant, or person in charge of the premises.

(b)    (1)    On notice from the Secretary, a person shall dispose of a tier 1 plant in accordance with regulations adopted by the Secretary.

(2)    If a tier 1 plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall:

(i)    Destroy the plant;

(ii)    Prepare a statement of facts and a statement of the expense of destruction; and

(iii)    Provide copies of the statements to the Attorney General.

(c)    (1)    The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary.

(2)    A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.

Previous Section
§ 9.5-302. Prohibited acts
Next Section
§ 9.5-304. Tier 2 plants -- Finding of failure to meet signage requirements