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§ 9-213. Enforcement

West's Annotated Code of MarylandAgriculture

West's Annotated Code of Maryland
Agriculture
Title 9. Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds
Subtitle 2. Regulation of Sale and Transportation of Seed
MD Code, Agriculture, § 9-213
§ 9-213. Enforcement
Proceedings
(a) When the Secretary finds that any person has violated any of the provisions of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. He may file information with the Attorney General with the view of prosecution.
Hearing
(b) No prosecution under this subtitle may be instituted without first affording the defendant an opportunity for a private hearing before the Secretary to introduce evidence either in person or by attorney. A private hearing may consist of a discussion of facts between the person charged and enforcement officers. After the hearing, or if the defendant or his attorney fails or refuses to appear, the Secretary shall proceed as provided, if he believes the evidence warrants prosecution.
State’s attorney
(c) The State's Attorney of the county in which the violation occurred or the Attorney General of this State shall institute proceedings at once against the person charged with the violation, if, in his judgment, the information warrants such action.
Publication of judgment
(d) After judgment by the court in any case arising under this subtitle, the Secretary shall publish any information pertinent to the issuance of the judgment by the court in the media he designates.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1983, c. 8.
Formerly Art. 48, §§ 148, 159.
MD Code, Agriculture, § 9-213, MD AGRIC § 9-213
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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