1. (1) Under Section 63G-4-502, the department may issue an emergency order if there is an immediate danger to public health, safety, or welfare.

2. (2) The department may issue a notice of agency action as:

   1. (a) a hold order or embargo;
   2. (b) a citation where a fine is assessed; or
   3. (c) a notice of violation where corrective action is required.

3. (3) A notice of agency action issued under this section shall be in writing and include:

   1. (a) the citation or order number;
   2. (b) the name and address of the respondent;
   3. (c) a brief statement of the facts, the specific evidence found during an inspection, and the statutes or rules violated;
   4. (d) any administrative fine amount for a citation, the required corrective actions for a notice of violation, or the specific restrictions on use or movement for a hold order;
   5. (e) a mandatory deadline for compliance or payment;
   6. (f) a statement of the respondent's right to appeal the department's action in writing within 30 days of the action being taken;
   7. (g) a warning that failure to respond or participate may result in the action becoming final;

   8. (h) the name and number of a department employee to contact regarding the action; and

      1. (i) the signature of the presiding officer or designated representative.

4. (4) The department shall serve a citation or a hold order to a respondent within three business days after the document is signed and dated using one of the following methods:

   1. (a) personal delivery;
   2. (b) certified mail to the respondent's last known address; or
   3. (c) email in a searchable PDF format.
5. (5) A person may not release, move, or alter a product, animal, or condition subject to a hold order issued under this section without a written release from the department.

6. (6) A person may not interfere with a product, animal, or equipment subject to a hold order or embargo that the department has physically tagged or marked, by:

   1. (a) removing, defacing, or altering a department tag or mark without written authorization; or
   2. (b) otherwise interfering with the physical security of the held item.

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences

Date of Last Change: June 24, 2026

Notice of Continuation: December 2, 2021

Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203