1. (a) If a pest or pathogen is discovered by an inspection under this chapter, the division shall provide a written notice to the person that owns or controls the premises or plant where the pest or pathogen is located.

2. (b) The notice must include the following:

   1. (1) A description of the action that is needed to destroy or control the pest or pathogen.
   2. (2) The date by which the action must be taken.
3. (c) The notice may provide that infested plants may not be sold or transported from the site of inspection until the pest or pathogen is successfully treated.

4. (d) A written notice issued under this section is effective when served. A person that is aggrieved by the notice may request an administrative adjudication of the notice under IC 4-21.5-3-6 . In addition, an aggrieved person may seek temporary relief from the notice under IC 4-21.5-4 . Unless otherwise agreed to by the parties, a hearing on temporary relief must be conducted within thirty (30) days of receipt of the hearing request in the county where the infested plants are located.

   [Pre-1995 Recodification Citation: 14-7-6-6.]

As added by P.L.1-1995, SEC.17. Amended by P.L.92-2025, SEC.32.