38-20A-49.   Notice to offender of contemplated criminal proceedings--Opportunity to present views--Reference to state's attorney. If it appears from an examination pursuant to the provisions of § 38-20A-39 that a pesticide or device fails to comply with the provisions of this chapter and the secretary contemplates instituting criminal proceedings against a person, he shall notify that person. A person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to the contemplated proceedings. If in the opinion of the secretary it appears that the provisions of the chapter have been violated by the person, the secretary shall refer the facts to the state's attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide or device.

Source: SL 1947, ch 99, § 7; SDC Supp 1960, § 22.12A07 (1); SDCL, § 39-19-48; SL 1983, ch 281, § 41.

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