North Dakota Code 4.1-37-15 – Enforcement
1. The agriculture commissioner shall enforce the requirements of this chapter and any rules issued under it.
Terms Used In North Dakota Code 4.1-37-15
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
2. The commissioner may bring an action to enjoin the violation or threatened violation of this chapter, or any rule issued pursuant to this chapter, in the district court of the county in which the violation occurs or may occur.
3. The agriculture commissioner may issue a cease and desist order to any person allegedly violating this chapter. If any person violates the cease and desist order, the commissioner shall file the appropriate criminal complaint.
4. The agriculture commissioner may enter upon any public or private premises at reasonable times to:
a. Inspect any equipment subject to this chapter and the premises on which the equipment is stored or used; b. Inspect or investigate complaints; or
c. Inspect any premises or other place where anhydrous ammonia or related devices are held for distribution, sale, or use.
5. If a civil penalty is imposed under section 4.1-37-16 by the agriculture commissioner through an administrative hearing and the civil penalty is not paid, the commissioner may initiate a civil action in any appropriate court. Additionally, the commissioner may suspend or revoke a license issued under this chapter for failure to pay a civil penalty within thirty days after a final determination is made.