Bill Text: DE HB403 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 3 Of The Delaware Code Relating To The Department Of Agriculture.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-12 - Signed by Governor [HB403 Detail]
Download: Delaware-2009-HB403-Draft.html
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SPONSOR: |
Rep. Walls & Sen. Bunting |
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Reps. Carson, Hudson, Q. Johnson, Thornburg, Wilson; Sens. Booth, Ennis |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 403 |
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AN ACT TO AMEND TITLE 3 OF THE |
Section 1.Amend §1108(b), Chapter 11, Title 3 of the Delaware Code by deleting the section in its entirety and inserting in lieu thereof:
"No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or his or her designee.No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing.Failure to comply with the 30 day period shall have no effect on the Secretary's decision.".
SYNOPSIS
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This bill eliminates the time frame during which an administrative hearing must be held; the current 30 day time period in which a hearing must be held has been inhibiting the ability of the Department of Agriculture to negotiate resolution of plant pest violations. |
