H0967B2312A06395 MSP:EJH 04/01/16 #90 A06395
AMENDMENTS TO HOUSE BILL NO. 967
Sponsor: REPRESENTATIVE DIAMOND
Printer's No. 2312
Amend Bill, page 2, by inserting between lines 14 and 15
"Control order." A written order issued by the department to
a person establishing required treatment measures, including
destruction, for a violation of a provision of this chapter or a
regulation, permit or order issued under this chapter.
Amend Bill, page 5, by inserting between lines 9 and 10
ยง 705. Control orders.
(a) Authority of department.--
(1) The department may issue a control order:
(i) Requiring any person registered and permitted to
grow industrial hemp to implement treatment measures for
industrial hemp if the department finds that the person
has violated a provision of this chapter or a regulation,
order or permitting requirement issued under this
chapter.
(ii) Upon finding industrial hemp growing on any
premises or property without a valid registration or
permit.
(2) A control order shall set forth the general factual
and legal basis for the action and shall advise the affected
person that within 15 days of receipt of the control order
the person may file with the department a written request for
an administrative hearing.
(3) The hearing under paragraph (2) shall be conducted
in accordance with 2 Pa.C.S. (relating to administrative law
and procedure). The written control order of the department
shall be served upon the affected person by personal service
or by registered or certified mail, return receipt requested.
The control order shall become final upon the expiration of
the 15-day period for requesting an administrative hearing
unless a timely request for a hearing has been filed with the
department.
(b) Required contents.--The control order shall prescribe
the required remediation, control, eradication or treatment
measures and the date by which the measures must be completed.
(c) Expenses and costs.--The department may recover any
expenses and costs incurred in enforcing and carrying out the
2016/90MSP/HB0967A06395 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
measures established in the control order from the person that
was the subject of the department's control order.
Amend Bill, page 5, line 10, by striking out "705" and
inserting
706
Amend Bill, page 5, line 19, by striking out "706" and
inserting
707
Amend Bill, page 7, line 22, by striking out "707" and
inserting
708
Amend Bill, page 8, line 9, by striking out "708" and
inserting
709
Amend Bill, page 8, line 12, by striking out "709" and
inserting
710
2016/90MSP/HB0967A06395 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17