N.H. Code Admin. R. Agr 2501.07 – Violations

(a) Any person who violates the provisions of these rules shall be subject to the penalty provisions in RSA 433:32.
(b) It shall be a violation for any nurseryman, plant dealer, or landscaper who fails to apply for and obtain a plant dealer / landscaper license prior to buying and selling any nursery stock.
(c) It shall be a violation to move, sell, distribute, or destroy any nursery stock which has been placed on stop-sale without first notifying and receiving written approval from the department.
(d) It shall be a violation for any person to violate the provisions of any internal or external state or federal quarantine.
(e) The director shall refuse, suspend, or revoke a plant dealer / landscaper license by notifying the licensee in writing if, after considering the following factors, the director determines that prevention or removal of an infestation of dangerous insects or plant diseases cannot be assured:
1. (1) Failure to comply with all of the provisions of RSA 433:21-433:36;
2. (2) Failure to renew the plant dealer / landscaper license;
3. (3) Violation of state and, or federal quarantines;
4. (4) Violation of a stop-sale order;
5. (5) Failure to comply with state, federal, or state and federal invasive species laws; or
6. (6) Failure to consent to an inspection pursuant to these rules.
(f) The plant dealer may file an appeal of the refusal, suspension, or revocation of the plant dealer license by letter to the commissioner within 15 days after receiving the order. The letter shall state any grounds for the appeal.
(g) If, following inspection, it is determined by the director that the plant dealer has addressed the conditions outlined in Agr 2501.07 (e), the director shall issue or reinstate a plant dealer license.
Source. #12114, eff 2-21-17 (from Agr 2701.06)
APPENDIX
Rule
Specific State or Federal Statute which the Rule Implements
Agr 2501.01-Agr 2501.02
RSA 433:21; RSA 433:24
Agr 2501.03
RSA 433:22, II, III; RSA 433:23; RSA 433:25; RSA 433:27; RSA 433:29-a; RSA 433:31
Agr 2501.04
RSA 433:28; RSA 433:29; RSA 433:30; RSA 433:33
Agr 2501.05
RSA 433:34
Agr 2501.06
RSA 433:22, III, IV; RSA 433:24; RSA 433:25; RSA 433:30
Agr 2501.07
RSA 433:28; RSA 433:29-a; RSA 433:30; RSA 433:32; RSA 433:34; RSA 433:35; RSA 433:36