§3391.11.  Regulated articles; stop orders

A.  When the commissioner believes that a violation of the provisions of this Part, of the rules or regulations adopted pursuant to this Part, or of any quarantine imposed by the commissioner has occurred or is reasonably expected to occur, the commissioner may issue a stop order prohibiting the use, shipment, movement, distribution, or disturbance of the regulated article or material involved in the violation.  Stop orders shall be served in the same manner as provided for the service of subpoenas under the Administrative Procedure Act.

B.  Any person aggrieved by a stop order may petition the commissioner, in writing and within thirty days of the stop order, to hold a hearing on the matter.  Such hearing shall be held in accordance with the Administrative Procedure Act.

C.  Based upon the results of the hearing or based upon a consent agreement mutually entered into by the commissioner and the person subject to the stop order, the commissioner may order the regulated article or material to be either:

(1)  Released from the stop order according to the terms and conditions the commissioner deems proper.

(2)  Disposed of by the person according to the terms and conditions the commissioner deems proper.

(3)  Destroyed according to the terms and conditions the commissioner deems proper.

(4)  Otherwise disposed of according to the terms and conditions the commissioner deems proper.

Acts 1999, No. 486, §1, eff. June 21, 1999.