| subchapter, and the board contemplates instituting criminal | proceedings against any person, the board shall cause appropriate | notice to be given to such that person in a manner consistent | with the Maine Administrative Procedure Act. Any The board shall | provide any person so notified shall be given an opportunity for | a hearing in a manner consistent with the Maine Administrative | Procedure Act as to Act's provisions governing adjudicatory | proceedings. If thereafter in the opinion of the board it appears | that the provisions of this subchapter or regulations rules | adopted thereunder under this subchapter have been violated by | such that person, the board shall refer a copy of the results of | the analysis or the examination of such pesticide or device to | the attorney for the district in which the violation occurred. |
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| | 2. Minor violations. Nothing in this subchapter shall may be | construed as requiring the board to report minor violations of | this subchapter for prosecution or for the institution of | condemnation proceedings when the board believes that the public | interest will be served best by a suitable notice of warning in | writing. |
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| | 3. Repeated violations. The board shall record all | violations of this chapter subchapter and Title 22, chapter 258- | A, including the name of the owner of the land on which the | pesticides were intended to be applied, the name of the licensed | pesticides applicator and the name of the person who contracted | the pesticide application services. The board shall identify | persons who repeatedly violate provisions relating to pesticide | use and recommend to the Attorney General methods to prevent | these repeated further violations by those persons. |
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| | Sec. 12. 7 MRSA §612, as amended by PL 1989, c. 878, Pt. E, §11, is | further amended to read: |
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| §612. "Stop sale, use or removal" order |
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| | When the board has reasonable cause to believe a pesticide or | device is being distributed, stored, transported or used in | violation of any of the provisions of this subchapter or of any | of the prescribed regulations under rules adopted pursuant to | this subchapter, it may issue and serve a written "stop sale, use | or removal" order upon the owner or custodian of any such that | pesticide or device. If the owner or custodian is not available | for service of the order, the board may attach the order to the | pesticide or device and notify the owner or custodian and the | registrant. The pesticide or device shall may not be sold, used | or removed until the provisions of this subchapter have been | complied with and the pesticide or device has been released in | writing under conditions specified by the board or the violation | has been otherwise disposed of as provided in this subchapter by |
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