1 | 1 | | General Assembly Raised Bill No. 5119 |
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2 | 2 | | February Session, 2012 LCO No. 861 |
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3 | 3 | | *00861_______ENV* |
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4 | 4 | | Referred to Committee on Environment |
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5 | 5 | | Introduced by: |
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6 | 6 | | (ENV) |
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7 | 7 | | |
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8 | 8 | | General Assembly |
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9 | 9 | | |
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10 | 10 | | Raised Bill No. 5119 |
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11 | 11 | | |
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12 | 12 | | February Session, 2012 |
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13 | 13 | | |
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14 | 14 | | LCO No. 861 |
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15 | 15 | | |
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16 | 16 | | *00861_______ENV* |
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17 | 17 | | |
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18 | 18 | | Referred to Committee on Environment |
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19 | 19 | | |
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20 | 20 | | Introduced by: |
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21 | 21 | | |
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22 | 22 | | (ENV) |
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23 | 23 | | |
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24 | 24 | | AN ACT CONCERNING CERTAIN CONDITIONS OF DENIAL FOR THE ISSUANCE OF A LICENSE OR PERMIT BY THE COMMISSIONER OF AGRICULTURE. |
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25 | 25 | | |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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27 | 27 | | |
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28 | 28 | | Section 1. (NEW) (Effective October 1, 2012) (a) In exercising any authority to issue, renew, transfer, modify or revoke any permit, registration, certificate or license under any provision of title 22 of the general statutes, the Commissioner of Agriculture may consider the record of the applicant for, or holder of, such permit, registration, certificate or other license, the principals, and any parent company or subsidiary, of the applicant or holder, regarding compliance with agricultural laws of this state, all other states and the federal government. |
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29 | 29 | | |
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30 | 30 | | (b) If the commissioner finds that an applicant's record evidences a pattern or practice of noncompliance with any agricultural law or regulation, that demonstrates the applicant's unwillingness or inability to achieve and maintain compliance with the terms and conditions of the permit, registration, certificate or license for which application is being made, or which is held, the commissioner, in accordance with the procedures for exercising any such authority under title 22 of the general statutes, may (1) include such conditions as are deemed necessary to ensure compliance with any agricultural law or regulation in any such permit, registration, certificate or license; (2) deny any application for the issuance, renewal, transfer or modification of any such permit, registration, certificate or license; or (3) revoke any such permit, registration, certificate or license. |
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31 | 31 | | |
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32 | 32 | | (c) Nothing in this section shall affect any other provision of the general statutes concerning information that is required to be provided by an applicant for any permit, registration, certificate or license issued under any of the provisions of title 22 of the general statutes. |
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33 | 33 | | |
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34 | 34 | | (d) In reviewing an application for a new permit, registration, certificate or license, or renewal of a permit, registration, certificate or license under the provisions of title 22 of the general statutes, the commissioner may require the applicant or, if the applicant is a business entity, any director, agent, officer or partner of such business to submit to a criminal history record check. The review by the commissioner of the criminal history of any such applicant, director, agent, officer or partner shall be limited to information regarding criminal convictions relating to activities regulated under the agriculture laws of this state, any other state or the federal government. |
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35 | 35 | | |
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36 | 36 | | (e) Any person, firm or corporation aggrieved by a decision of the commissioner made pursuant to this section may appeal such decision to the commissioner provided such appeal is in writing and made not more than fifteen days after the date of the letter of notification of such decision. Upon such appeal, an administrative hearing held in accordance with the provisions of chapter 54 of the general statutes shall be held not later than sixty days after the date of such appeal. Such administrative hearing shall be held to determine if the conditions cited in such decision were in existence at the time such decision was made. If no appeal is made within such fifteen-day period, such decision shall be final and binding on the applicant and any agent of the applicant. |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | This act shall take effect as follows and shall amend the following sections: |
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42 | 42 | | Section 1 October 1, 2012 New section |
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43 | 43 | | |
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44 | 44 | | This act shall take effect as follows and shall amend the following sections: |
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45 | 45 | | |
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46 | 46 | | Section 1 |
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47 | 47 | | |
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48 | 48 | | October 1, 2012 |
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49 | 49 | | |
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50 | 50 | | New section |
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51 | 51 | | |
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52 | 52 | | Statement of Purpose: |
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53 | 53 | | |
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54 | 54 | | To establish general conditions under which the Commissioner of Agriculture may deny or revoke a permit, registration, certificate or license. |
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55 | 55 | | |
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56 | 56 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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