§ 23-25-28 - Penalties.
SECTION 23-25-28
§ 23-25-28 Penalties. – (a) Civil penalties. (1) Any person who violates anyprovision of this chapter may be assessed a civil penalty of not more than tenthousand dollars ($10,000) for each offense. In addition to any civil penaltyassessed in this subsection, the director may ban businesses or commercialapplicators from providing pest control services to the state for a period ofup to five (5) years when the director finds the business or commercialapplicator has violated a provision of this chapter or the rules or regulationspromulgated under this chapter with regard to the mixing or application ofpesticides.
(2) No penalty shall be assessed unless the person chargedshall have been notified and given opportunity for a hearing before thedirector on the charge. In making the assessment, the director shall considerthe size of the business, the ability of the person charged to continue inbusiness, and the gravity of the violation.
(b) Criminal penalties. (1) Any person whoknowingly violates any provision of this chapter shall be guilty of amisdemeanor and shall, on conviction, be fined not more than twenty-fivethousand dollars ($25,000) or imprisoned for not more than sixty (60) days, orboth.
(2) Any person who, with intent to defraud, uses or revealsinformation relative to formulas of products acquired under authority of §23-25-6 shall be fined not more than ten thousand dollars ($10,000), orimprisoned for not more than three (3) years, or both.