| | | 3. Award of court costs and fees. When a decree of | condemnation is entered against the pesticide or device, court | costs, fees, storage and other proper expenses shall be awarded |
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| | against the person, if any, appearing as claimant of the | pesticide. |
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| | | Sec. 14. 7 MRSA §614, as amended by PL 1989, c. 878, Pt. E, §13 and | | PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. |
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| | | Sec. 15. 7 MRSA §616, as repealed by PL 1989, c. 841, §2 and | | amended by c. 878, Pt. E, §15, is repealed. |
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| | | Sec. 16. 7 MRSA §616-A, sub-§1, as enacted by PL 1989, c. 841, §3, is | | amended to read: |
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| | | 1. Informal hearing. When the staff of the board proposes | | that the board take action on a possible violation, the board | | shall notify the alleged violator before discussing the alleged | | violation. The alleged violator may choose to address the board | | and may also choose to be represented by legal counsel. This | | requirement does not constitute and is not subject to the same | procedures as an adjudicatory hearing, as defined under the Maine | | Administrative Procedure Act. |
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| | | Sec. 17. 7 MRSA §617, as amended by PL 1989, c. 878, Pt. E, §16, is | | further amended to read: |
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| | | 1. Exemptions from penalties. The penalties provided for | | violations of section 606, subsection 1, paragraphs A, B, C, D | and E shall do not apply to: |
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| | | A. Any carrier while lawfully engaged in transporting a | pesticide within this State, if such the carrier shall, upon | request, permit permits the board to copy all records | | showing the transactions in and movement of the pesticides | | or devices; |
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| | | B. Public officials of this State and the Federal | | Government while engaged in the performance of their | | official duties in administering state or federal pesticide | | laws or regulations; |
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| | | C. The manufacturer, shipper or other distributor of a pesticide | for experimental use only, provided that such person holds or is | covered by a valid experimental use permit as provided for by | section 608 or issued by EPA, and |
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