Montana Code 80-10-211. Cancellation or refusal of registration or licenses
80-10-211. Cancellation or refusal of registration or licenses. (1) The department may cancel the registration of any commercial fertilizer or soil amendment and may refuse to register any commercial fertilizer or soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a registration may not be revoked or refused until the registrant is given the opportunity to amend the application or correct other practices.
Terms Used In Montana Code 80-10-211
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commercial fertilizer: includes any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, yield, or quality of the crop. See Montana Code 80-10-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, partnership, association, firm, or corporation. See Montana Code 80-10-101
- Registrant: means the person who registers a commercial fertilizer or a soil amendment. See Montana Code 80-10-101
- Soil amendment: means any substance that is intended to improve the physical or chemical characteristics of soil. See Montana Code 80-10-101
(2)The department may cancel any license or refuse to license any person when it has satisfactory evidence that the person has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter or any rules adopted under it. However, a license may not be revoked or refused until the person involved is given the opportunity to appear for a hearing by the department.