2-1208a. Notice before prosecution; hearing; cancellation of registration; reports to county attorney.
2-1208a
2-1208a. Notice before prosecution; hearing; cancellation of
registration; reports to county attorney.
(a) If it shall appear to the secretary or an authorized representative
of the secretary from examination or analysis of an official sample of a
commercial fertilizer that the commercial fertilizer is falsely labeled or
fails to comply with the provisions of this act, the secretary shall cause
notice to be given to the person in possession of the commercial fertilizer
and the registrant that a hearing in relation thereto will be held at a date
and place named in such notice. Whereupon the secretary or a presiding
officer from the office
of administrative hearings shall hold a hearing in accordance with the
provisions of the Kansas administrative procedure act.
(b) If it is established at the hearing to the satisfaction of the
secretary or a
presiding officer from the office of administrative hearings, that any
commercial fertilizer has been registered in error, or has been sold in
violation of any of the provisions of this act, or that any provision of this
act has been violated, the secretary shall have power to cancel the
registration of such brand or brands of commercial fertilizer, and may report
the facts to the proper prosecuting attorney and furnish that officer with an
official report of the record of such hearing and a copy of the result of any
analysis or other examination which may have a bearing on the case. Prosecution
may be instituted under the provisions of this act in the district court of the
county where the offense is alleged to have been committed, upon complaint of
the secretary or an authorized representative of the secretary or any citizen
of this state, or by any county attorney and shall be prosecuted by the county
attorney 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.