3 Del. Admin. Code § 801-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 801-4.0 - Prosecution Of Violations

4.1 An exemption from prosecution is allowed by the Noxious Weed Law. To be exempt a landowner or person who possesses or has the use of that land must enter into a written agreement, commonly known as a compliance agreement, with the Department of Agriculture. The agreement must specify terms and conditions of a program for the control and eradication of designated noxious weeds and the land that is covered. So long as all the terms and conditions are being complied with, there is no violation of this chapter as to the land covered by the agreement.

4.2 Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or his or her designee after due notice (20 days) has been given to the landowner or person who possesses or has use of the land in accordance with 29 Del.C.,Ch.101, § 10122.