§ 705. Control orders.

263 words·~1 min read·/pa/title-3/chapter-7/705

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Authority of department.--

(1)The department may issue a control order:

(i)Requiring any person registered and permitted to grow industrial hemp to implement treatment measures for industrial hemp if the department finds that the person has violated a provision of this chapter or a regulation, order or permitting requirement issued under this chapter.

(ii)Upon finding industrial hemp growing on any premises or property without a valid registration or permit.

(2)A control order shall set forth the general factual and legal basis for the action and shall advise the affected person that within 15 days of receipt of the control order the person may file with the department a written request for an administrative hearing.

(3)The hearing under paragraph

(2)shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The written control order of the department shall be served upon the affected person by personal service or by registered or certified mail, return receipt requested. The control order shall become final upon the expiration of the 15-day period for requesting an administrative hearing unless a timely request for a hearing has been filed with the department.

(b)Required contents.-- The control order shall prescribe the required remediation, control, eradication or treatment measures and the date by which the measures must be completed.

(c)Expenses and costs.-- The department may recover any expenses and costs incurred in enforcing and carrying out the measures established in the control order from the person that was the subject of the department's control order.

03c706s