§ 2-22-7 Penalties for deficient analysis.– (a) If the analysis shows that any soil amendment falls short of the guaranteedanalysis in any one soil amending ingredient or in total soil amendingingredients, a penalty shall be assessed in favor of the department inaccordance with the following provisions:
(1) A penalty of three (3) times the value of the deficiencyif the deficiency in any one soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one soilamendment in which the soil amending ingredient is guaranteed up to andincluding twenty percent (20%);
(ii) Four percent (4%) under guarantee on any one soilamendment in which the soil amending ingredient is guaranteed twenty andone-tenth percent (20 1/10%) and above;
(2) A penalty of three (3) times the value of the total soilamending ingredients deficiency is assessed when the total deficiency is morethan two percent (2%) under the calculated total soil amending ingredientguarantee;
(3) When a soil amendment is subject to penalty under bothsubdivisions (1) and (2) of this subsection, only the larger penalty isassessed.
(b) All penalties assessed under this section shall be paidto the director of environmental management within three (3) months after thedate of notice from the director to the registrant. The penalty shall bedeposited into the general treasury.
(c) Nothing contained in this section prevents any personfrom appealing to a court of competent jurisdiction for a judgment as to thejustification of any penalties imposed under subsections (a) and (b) of thissection.
(d) The penalties payable in subsections (a) and (b) of thissection shall in no manner be construed as limiting the consumer's right tobring a civil action in damage against the registrant paying those civilpenalties.
(e) For the purpose of determining commercial values to beapplied under the provisions of this section, the director shall determine fromthe registrant's sales invoice the values charged for the soil amendingingredients. If no invoice is available, or if the invoice fails to providesufficient information, the director may use other methods to determine values.The values determined shall be used in determining and assessing penalties.
§ 2-22-7 Penalties for deficient analysis.– (a) If the analysis shows that any soil amendment falls short of the guaranteedanalysis in any one soil amending ingredient or in total soil amendingingredients, a penalty shall be assessed in favor of the department inaccordance with the following provisions:
(1) A penalty of three (3) times the value of the deficiencyif the deficiency in any one soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one soilamendment in which the soil amending ingredient is guaranteed up to andincluding twenty percent (20%);
(ii) Four percent (4%) under guarantee on any one soilamendment in which the soil amending ingredient is guaranteed twenty andone-tenth percent (20 1/10%) and above;
(2) A penalty of three (3) times the value of the total soilamending ingredients deficiency is assessed when the total deficiency is morethan two percent (2%) under the calculated total soil amending ingredientguarantee;
(3) When a soil amendment is subject to penalty under bothsubdivisions (1) and (2) of this subsection, only the larger penalty isassessed.
(b) All penalties assessed under this section shall be paidto the director of environmental management within three (3) months after thedate of notice from the director to the registrant. The penalty shall bedeposited into the general treasury.
(c) Nothing contained in this section prevents any personfrom appealing to a court of competent jurisdiction for a judgment as to thejustification of any penalties imposed under subsections (a) and (b) of thissection.
(d) The penalties payable in subsections (a) and (b) of thissection shall in no manner be construed as limiting the consumer's right tobring a civil action in damage against the registrant paying those civilpenalties.
(e) For the purpose of determining commercial values to beapplied under the provisions of this section, the director shall determine fromthe registrant's sales invoice the values charged for the soil amendingingredients. If no invoice is available, or if the invoice fails to providesufficient information, the director may use other methods to determine values.The values determined shall be used in determining and assessing penalties.
§ 2-22-7 Penalties for deficient analysis.– (a) If the analysis shows that any soil amendment falls short of the guaranteedanalysis in any one soil amending ingredient or in total soil amendingingredients, a penalty shall be assessed in favor of the department inaccordance with the following provisions:
(1) A penalty of three (3) times the value of the deficiencyif the deficiency in any one soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one soilamendment in which the soil amending ingredient is guaranteed up to andincluding twenty percent (20%);
(ii) Four percent (4%) under guarantee on any one soilamendment in which the soil amending ingredient is guaranteed twenty andone-tenth percent (20 1/10%) and above;
(2) A penalty of three (3) times the value of the total soilamending ingredients deficiency is assessed when the total deficiency is morethan two percent (2%) under the calculated total soil amending ingredientguarantee;
(3) When a soil amendment is subject to penalty under bothsubdivisions (1) and (2) of this subsection, only the larger penalty isassessed.
(b) All penalties assessed under this section shall be paidto the director of environmental management within three (3) months after thedate of notice from the director to the registrant. The penalty shall bedeposited into the general treasury.
(c) Nothing contained in this section prevents any personfrom appealing to a court of competent jurisdiction for a judgment as to thejustification of any penalties imposed under subsections (a) and (b) of thissection.
(d) The penalties payable in subsections (a) and (b) of thissection shall in no manner be construed as limiting the consumer's right tobring a civil action in damage against the registrant paying those civilpenalties.
(e) For the purpose of determining commercial values to beapplied under the provisions of this section, the director shall determine fromthe registrant's sales invoice the values charged for the soil amendingingredients. If no invoice is available, or if the invoice fails to providesufficient information, the director may use other methods to determine values.The values determined shall be used in determining and assessing penalties.
