§ 106-277.23. Notice of violations; hearings, prosecutions or warnings.
§ 106‑277.23. Notice ofviolations; hearings, prosecutions or warnings.
It shall be the duty of theCommissioner to give notice of every violation of the provisions of thisArticle with respect to agricultural or vegetable seeds, or mixtures of suchseeds, to the person in whose hands such seeds are found, and to send copies ofsuch notice to the shipper of such seed and to the person whose "analysistag or label" is attached to the container of such seeds, in which noticethe Commissioner may designate a time and place for a hearing. The person orpersons involved shall have the right to introduce evidence either in person orby agent or attorney. If, after hearing, or without such hearing in the eventthe person fails or refuses to appeal, the Commissioner is of the opinion thatthe evidence warrants prosecution he may institute proceedings in a court ofcompetent jurisdiction in the locality which the violation occurred or, if hebelieves the public interest will be adequately served thereby, he may directto the alleged violator a suitable written notice or warning. (1941, c. 114, s. 8; 1945,c. 828; 1949, c. 725; 1963, c. 1182; 2009‑455, s. 9.)