(a) On finding a tier 1 plant in violation of § 9.5–302(a)(2) of this subtitle, the Secretary may:
(1) Issue a written condemnation seizure order;
(2) Mark or tag the plant in a conspicuous manner; and
(3) Provide written notice to the owner, tenant, or person in charge of the premises.
(b) (1) On notice from the Secretary, a person shall dispose of a tier 1 plant in accordance with regulations adopted by the Secretary.
(2) If a tier 1 plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall:
(i) Destroy the plant;
(ii) Prepare a statement of facts and a statement of the expense of destruction; and
(iii) Provide copies of the statements to the Attorney General.
(c) (1) The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary.
(2) A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.