Ind. Code § 14-24-5-7
Notice to destroy pests or pathogens
As added by P.L.1-1995, SEC.17. Amended by P.L.92-2025, SEC.32.
- (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.
(b) The notice must include the following:
- (1) A description of the action that is needed to destroy or control the pest or pathogen.
- (2) The date by which the action must be taken.
- (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.
(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.