Washington Code 15.13.265 – Enforcement — Access to nursery dealer premises — Inspection
Current as of: 2023 | Check for updates
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(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
Terms Used In Washington Code 15.13.265
- Director: means the director of agriculture. See Washington Code 15.04.010
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer or Christmas tree grower to license revocation.
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
Enforcement—Access to nursery dealer premises—Inspection. (Effective July 1, 2030.)
(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer to revocation of the nursery license.