Section 1517 - Control orders(a)Noxious weeds.-- (1) The department may issue a control order requiring a person to implement treatment measures for noxious weeds. The control order shall state 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 affected person may file with the department a written request for an Administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
(2) 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.(3) 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)Controlled plants.-- (1) The department may issue a control order requiring a controlled plant permit holder or a person required to have the permit to implement treatment measures for a controlled plant. The department may issue a control order for controlled plants if the department finds that a controlled plant is growing on any premises or property without a valid permit. The order shall state the general factual and legal basis for the action and advise the affected person that within 15 days of receipt of the order, the affected person may file with the department a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S.(2) 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.(3) 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.(c) Description of situation in order.--The control order shall describe the noxious weed or controlled plant situation that exists and prescribe the required treatment measures and the date by which the measures must be completed.Added by P.L. TBD 2017 No. 46, § 1, eff. 12/29/2017.