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2006 Georgia Code - 2-12-20
2-12-20. (a) If it shall appear from the examination of
any fertilizer that any of the provisions of this article or the
rules and regulations issued pursuant to this article have been
violated, the Commissioner shall cause notice of the violations to
be given to the licensee, distributor, or processor from whom such
sample was taken. Any person so notified shall be given opportunity
to be heard in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' If it appears after such hearing,
either in the presence or absence of the person so notified, that
any of the provisions of this article or the rules and regulations
issued pursuant to this article have been violated, the
Commissioner may certify the facts to the proper prosecuting
attorney. (b) Any person
violating any of the provisions of this article shall be guilty of
a misdemeanor. (c) Nothing in
this article shall be construed as requiring the Commissioner to
report cases for prosecution or for the institution of seizure
proceedings as a result of minor violations of this article when he
or she believes that the public interest will be best served by a
suitable notice of warning in writing or other methods.
(d) It shall be the duty of each
prosecuting attorney to whom any violation is reported to cause
appropriate proceedings to be instituted and prosecuted in a court
of competent jurisdiction without delay.
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