Prosecutions for violations of Articles 1, 3, 5, or 7 of this chapter, if the evidence of violations is based on tests or analyses, must be instituted as follows: When the Commissioner of Agriculture finds that the articles have been violated, as shown by test examination or analysis, he shall give notice to the person in possession of the seed, designating a time and place for a hearing. This hearing must be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-455.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-85; 1952 Code Section 3-436; 1962 Code Section 3-436; 1976 Code Section 46-21-460; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
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