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IC 14-24-8-2
Notice to destroy pests or pathogens
Sec. 2. (a) If a pest or pathogen is discovered as a result of an
inspection under this chapter, the division shall provide a written
notice of the discovery to the person that owns or controls the apiary.
(b) The notice must include the following:
(1) A description of the action needed to destroy or control the
pest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that bees may not be sold or
transported from the apiary until the pest or pathogen is successfully
treated. The notice may require that bees shall be transferred to
movable frame hives within a specified time and that, if the transfer
is not performed as specified, the division director may order the
destruction of all hives and bees dwelling in the hives.
(d) A written notice issued under this section is effective when
served. A person who is aggrieved by the notice may request
administrative review under IC 4-21.5-3-6. In addition, an aggrieved
person may seek temporary relief from the notice under IC 4-21.5-4.
Unless otherwise agreed by the parties, a hearing on temporary relief
must be conducted within five (5) days of receipt of the hearing
request in the county where the apiary is located.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-3
Notices of violation
Sec. 3. (a) The division may issue a notice of violation to a person
against whom a written notice is directed under section 2 of this
chapter if the person does not:
(1) comply with the directives contained in the notice; or
(2) request a hearing under section 2(d) of this chapter.
This subsection does not preclude the issuance of a notice of
violation if the department receives a final determination in the
department's favor from the review of a written notice issued under
section 2 of this chapter.
(b) A notice of violation under subsection (a) may be
accompanied by a civil penalty of not more than five hundred dollars
($500) for each day a violation continues.
(c) A notice of violation and penalty issued under this section is
subject to IC 4-21.5-3-6.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-5
Noncompliance with order to destroy pests or pathogens
Sec. 5. (a) If a person in charge or in possession of elements of
beekeeping does not carry out an order issued under:
(1) this chapter; or
(2) IC 14-7-8 (before its repeal);
the department may proceed to treat or destroy the elements of
beekeeping that contain a pest or pathogen.
(b) The division director shall certify the expense incurred by the
department to the county auditor of the county where the property is
located. The county auditor shall place the certified amount upon the
tax duplicate. The amount shall be collected at the same time and in
the same manner that state and county taxes are collected and paid
over to the department.
As added by P.L.1-1995, SEC.17.