Anything in Section 46-21-450 contained to the contrary notwithstanding, no prosecution for violation of Articles 1, 3, 5 or 7 of this chapter, if the evidence of such violations is based on tests or analyses, shall be instituted except in the manner following: When the Commissioner of Agriculture finds that said articles have been violated, as shown by test examination or analysis, he shall give notice to the person in whose hands the seeds were found, designating a time and place for a hearing. This hearing shall be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-450.