Laserfiche WebLink
<br />03/09/04 <br /> <br />[REVISOR] XX/KJ <br /> <br />04-5779 <br /> <br />1 145.947, has concurrent authority to enforce the local law <br /> <br /> <br />administratively. <br /> <br /> <br />3 Subd. 2. [PROCEDURES.] The commissioner may adopt rules, <br /> <br /> <br />4 not inconsistent with any other provisions of law, specifying <br /> <br /> <br />5 procedures for the commissioner's investigation and processing <br /> <br /> <br />6 of alleged violations of sections 145.941 to 145.947 that <br /> <br /> <br />7 pertain to persons applying pesticides. The uniform procedures <br /> <br /> <br />8 may require complaints to be in the form of a sworn statement <br /> <br /> <br />9 containing the facts upon which an alleged violation is based <br /> <br /> <br />10 and may provide that the commissioner is not required to perform <br /> <br /> <br />11 any testing or sampling in relation to the investigation of any <br /> <br /> <br />12 alleged violations. If performed, testing must be performed by <br /> <br /> <br />13 an accredited laboratory. <br /> <br /> <br />14 Subd. 3. [CIVIL PENALTIES.] A person who violates an <br /> <br /> <br />15 ordinance or rule adopted under sections 145.941 to 145.947 or <br /> <br /> <br />16 an order issued thereunder, or who commits an offense described <br /> <br /> <br />17 in sections 145.941 to 145.947, is liable for a civil penalty <br /> <br /> <br />18 not to exceed $1,000 for each affected person for a first <br /> <br /> <br />violation and not to exceed $10,000 for each affected person for <br /> <br /> <br />20 a subsequent offense, to be assessed by the city after a hearing <br /> <br /> <br />21 or opportunity to be heard. <br /> <br /> <br />22 Sec. 8. [145.947] [PENALTIES NOT AFFECTED.] <br /> <br /> <br />23 Nothing in sections 145.941 to 145.947 limits the <br /> <br /> <br />24 enforcement of chapter 609 or section 624.732 with respect to <br /> <br /> <br />25 crimes committed with a pesticide nor shall the powers of the <br /> <br /> <br />26 commissioner of agriculture be limited with respect to <br /> <br /> <br />27 enforcement of chapter 18B, related to the misuse of pesticides. <br /> <br />7 <br />