As Amended
SEC. 69-25-53. Hearing procedure; opinion and order.
(1) Within thirty (30) days of notification from the commissioner, the hearing committee shall schedule a hearing at the next regularly scheduled quarterly meeting of the Bureau of Plant Industry Advisory Board. For good cause shown the hearing committee may grant a continuance or continuances of such hearings. Written notice of the date, time and place of such hearing shall be mailed to the accused by registered mail, return receipt requested, no less than fifteen (15) days prior to the commencing of the hearing.
(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious. Hearsay shall be admissible only to the extent that it corroborates other evidence.
(3) For purposes of such hearing, the hearing committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The hearing committee shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the hearing committee, the hearing committee or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.
(4) At the conclusion of the hearing, the hearing committee upon the majority vote of the members of such committee shall transmit to the Commissioner of Agriculture and Commerce a written opinion incorporating its findings of facts and conclusions of law and recommended penalty. The commissioner shall enter an order accepting or rejecting the committee's written opinion. Should the commissioner reject the committee's opinion, he shall set forth in the order his reasons for doing so. The State Entomologist shall notify the accused violator of the commissioner's final decision.
SOURCES: Laws, 1992, ch. 474, Sec. 2, eff from and after July 1, 1992.