Maine Revised Statutes Title 7 Sec. 1047 – Powers
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For the purpose of carrying out this subchapter, the commissioner or the commissioner’s duly authorized agents have authority: [RR 2021, c. 1, Pt. B, §123 (COR).]
1. Stop-sale orders. To issue and enforce a written or printed “stop-sale” order to the owner or custodian of any lot of agricultural, vegetable or tree and shrub seeds which the commissioner finds is in violation of any of the provisions of this subchapter, which order shall prohibit further sale of such seed until such officer has evidence that the law has been complied with. The issuance of such an order shall not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act. No “stop-sale” order shall be issued or attached to any lot of seed without first giving the owner or custodian of such seed an opportunity to comply with the law. The owner or custodian of seeds which have been denied sale by a “stop-sale” order shall have the right to appeal from such order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of said order and for the discharge of such seed from the order. This subsection shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this subchapter.
[PL 1977, c. 694, §114 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 1047
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Tree and shrub seeds: shall include the seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Maine Revised Statutes Title 7 Sec. 1042
2. Employ qualified persons. To employ qualified persons under the Civil Service Law and to incur such expenses as may be necessary to carry out this subchapter; and
[PL 1985, c. 785, Pt. B, §44 (AMD).]
3. Cooperate with Federal Government. To cooperate with the Federal Government in seed law enforcement.
SECTION HISTORY
PL 1969, c. 42, §9 (AMD). PL 1977, c. 694, §114 (AMD). PL 1985, c. 785, §B44 (AMD). RR 2021, c. 1, Pt. B, §123 (COR).