3-368

3-368. Enforcement; consultation with attorney
general; citations and notices of violation

A. The director is responsible for enforcing this article and shall receive and
shall promptly and efficiently process all complaints regarding pesticide use. The
director shall furnish to the attorney general a copy of each complaint filed under this
article and copies of all investigative reports, citations, hearing notices and other
action or pending action documents. Before a final disposition of a pesticide complaint
the director and the attorney general shall jointly review the case to ensure that proper
action is taken and to determine whether additional action or prosecution is required.

B. The director shall notify all persons who submit complaints alleging violations
of this article or rules adopted pursuant to this article of the progress, status and
disposition of their complaints.

C. If the director investigates an alleged violation under this article and rules
adopted pursuant to this article and determines that the violation did not result in any
adverse health effects or property damage, the director may issue a letter of warning. A
letter of warning issued pursuant to this subsection is not subject to section 3-363,
paragraph 12.

D. If the director following an inspection or investigation determines that a de
minimis violation occurred, the director shall issue a notice of de minimis violation and
maintain a record of the violation for three years. A person receiving a notice of de
minimis violation may request a hearing pursuant to title 41, chapter 6, article 10.

E. If the director following an inspection or investigation determines that a
nonserious or serious violation occurred, the director shall issue a written citation.
The citation shall be issued within twenty days for a nonserious violation or within ten
days for a serious violation. Each citation shall contain the following:

1. A particular description of the nature of the violation, including a reference
to the provision of this article.

2. A reasonable time to abate the violation or take appropriate action.

3. A notice of the right to a hearing pursuant to title 41, chapter 6, article 10.

F. No citation or notice of de minimis violation may be issued after the expiration
of six months from the date of the inspection which produced evidence of the violation.
If in the course of an investigation the department identifies any additional alleged
violator, the department may investigate the additional alleged violator. No citation or
notice of de minimis violation may be issued after the expiration of six months from the
date any additional alleged violator is identified by the department.