Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6-13 - Hearings, Penalties and Prosecutions13.1. Any person, registrant, distributor, or possessor from whom a violative sample was collected has the right to a hearing within fifteen (15) days from the date of receipt of certified mail of the sample report.13.2. Criminal penalties. - Any person violating any of the provisions of this rule is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two hundred dollars for the first offense, and for each subsequent offense, shall be fined not less than two hundred nor more than five hundred dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.13.3. Not withstanding any other provision of law to the contrary, the commissioner may propose for promulgation and adopt rules which permit consent agreements or negotiated settlements for the civil penalties assessed as a result of a violation of the provisions of this article.13.4. Nothing in this rule may be construed as to require the commissioner to report minor violations of this article when the commissioner believes that the public interest will be best served by a written notice.13.5. No state court may allow the recovery of damages for administrative action taken if the court finds that there was probable cause for the action.APPENDIX NUMBER 1
FEES OF THIS RULE
| TYPE OF FEE | SECTION REFERENCE | FEE | DESCRIPTION |
| Fertilizer Registration | 3.1 | $ 4.00 | Per brand & grade; bulk, or packages 10# |
| Fertilizer Registration | 3.1 | $30.00 | Per brand & grade; packages 10# or less |
| Soil Amendment Registration | 3.2 | $75.00 | Per brand |
| Compost Registration | 3.2 | $75.00 | Per brand |
| Horticultural Growing Media Registration | 3.2 | $75.00 | Per brand |
| Fertilizer Formulation Permit | 3.3 | $35.00 | Per year & location |
| Late Registration Penalty Fee | 3.4 | $100.00 | Per year and in addition to registration fee |
| Fertilizer Inspection Fee | 3.6 | $ 0.40 | Per ton per quarter; bulk, or packages 10# |
| Fertilizer Inspection Fee | 3.6 | $ 15.00 | Per brand & grade; Packages 10# or less |
| Late Tonnage Report/Inspection Fee Collection Fee | 3.6.a | 10% | Additional to Inspection Fee |
| Short In Weight | 3.7 | 4 times | Value of shortage |