2-1208a.   Notice before prosecution; hearing; cancellation ofregistration; reports to county attorney.(a) If it shall appear to the secretary or an authorized representativeof the secretary from examination or analysis of an official sample of acommercial fertilizer that the commercial fertilizer is falsely labeled orfails to comply with the provisions of this act, the secretary shall causenotice to be given to the person in possession of the commercial fertilizerand the registrant that a hearing in relation thereto will be held at a dateand place named in such notice. Whereupon the secretary or a presidingofficer from the officeof administrative hearings shall hold a hearing in accordance with theprovisions of the Kansas administrative procedure act.

      (b)   If it is established at the hearing to the satisfaction of thesecretary or apresiding officer from the office of administrative hearings, that anycommercial fertilizer has been registered in error, or has been sold inviolation of any of the provisions of this act, or that any provision of thisact has been violated, the secretary shall have power to cancel theregistration of such brand or brands of commercial fertilizer, and may reportthe facts to the proper prosecuting attorney and furnish that officer with anofficial report of the record of such hearing and a copy of the result of anyanalysis or other examination which may have a bearing on the case. Prosecutionmay be instituted under the provisions of this act in the district court of thecounty where the offense is alleged to have been committed, upon complaint ofthe secretary or an authorized representative of the secretary or any citizenof this state, or by any county attorney and shall be prosecuted by the countyattorney in the name of the state of Kansas.

      History:   L. 1927, ch. 14, § 7; L. 1949, ch. 2, § 7;L. 1988, ch. 356, § 28;L. 2004, ch. 145, § 7; July 1, 2005.