North Dakota Code 4.1-53-54 – Stop-sale order – Issuance – Enforcement – Appeal
1. The seed commissioner may issue a written stop-sale order to the owner or custodian of any lot of seed that the seed commissioner finds to be in violation of this chapter.
Terms Used In North Dakota Code 4.1-53-54
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The seed commissioner may attach terms and conditions that must be fulfilled before the order will be lifted.
3. The stop-sale order shall remain in effect until the seed commissioner is satisfied that the violation no longer exists. Upon making that determination, the seed commissioner shall lift the stop-sale order.
4. The seed commissioner shall do all things necessary and proper to enforce a stop-sale order issued under this section.
5. Any person subject to a stop-sale order under this section may appeal the order to a court of competent jurisdiction.