North Dakota Code 4.1-34-07 – Enforcement
The commissioner shall examine pesticides or devices for compliance with this chapter. If after examination the commissioner intends to initiate criminal proceedings against any person, the commissioner shall cause appropriate notice to be given to the person. Any person notified must be given an opportunity to present the person’s views, either orally or in writing, with regard to the contemplated proceedings and if thereafter in the opinion of the commissioner it appears the chapter has been violated by the person, the commissioner shall refer the facts to the state‘s attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the article. The commissioner is not required to report for prosecution or for the institution of libel proceedings minor violations of this chapter if the commissioner believes the public interests will be best served by a suitable written notice of warning. A state’s attorney to whom any violation is reported under this section, without delay, shall cause appropriate proceedings to be instituted and prosecuted in the proper court of jurisdiction. The commissioner, by publication in the manner the commissioner prescribes, shall give notice of all judgments entered in actions instituted under the authority of this chapter.
Terms Used In North Dakota Code 4.1-34-07
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. 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