588.330 - Violations: Notice; hearing; prosecution; injunctive relief. - Nevada Statutes

588.330  Violations: Notice; hearing; prosecution; injunctive relief.

      1.  If it appears from the examination of any commercial fertilizer or agricultural mineral that any of the provisions of this chapter or the rules and regulations adopted pursuant thereto have been violated, the Director shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified must be given an opportunity to be heard under such rules and regulations as may be prescribed by the Director. If it appears after the hearing, in the presence or absence of the person so notified, that any of the provisions of this chapter or the rules and regulations adopted pursuant thereto have been violated, the Director may certify the facts to the proper district attorney.

      2.  The provisions of this chapter do not require the Director or a representative of the Director to report for prosecution, or for the institution of seizure proceedings, minor violations of this chapter if he or she believes that the public interest will be best served by a suitable notice of warning in writing.

      3.  Each district attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      4.  The Director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation adopted pursuant to this chapter notwithstanding the existence of other remedies at law. The injunction must be issued without bond.

      [17:203:1951]—(NRS A 1961, 581; 1993, 1795; 1999, 3738)