Penalty — Revocation of certificate

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  1. (a)

    1. (1) Any person shall be guilty of a violation who:

      1. (A) Falsely advertises or proclaims that seed has been certified by the State Plant Board;

      2. (B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not;

      3. (C) Misuses any tag, label, or certificate issued by the board;

      4. (D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents;

      5. (E) Having received a certificate, violates any of the rules of the board made under this chapter; or

      6. (F) Violates any agreement made as a condition for receiving a certificate.

    2. (2) Upon conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense.

  2. (b)

    1. (1) When the person holds a certificate from the board, the certificate, after a hearing before the Director of the State Plant Board has been given to the person, shall be revoked by the director regardless of whether a prosecution is commenced.

    2. (2)

      1. (A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board.

      2. (B) The board's decision shall be final.


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