(1) A
person, or its director or officer, whose license or certificate
of approval is denied, revoked, or suspended as a result of
violations of this chapter or rules adopted under this chapter
may not:
(a) Supervise, be employed by, or manage a shellfish
operation licensed or certified under this chapter or rules
adopted under this chapter;
(b) Participate in the harvesting, shucking, packing, or
shipping of shellfish in commercial quantities or for sale;
(c) Participate in the brokering of shellfish, purchase of
shellfish for resale, or retail sale of shellfish; or
(d) Engage in any activity associated with selling or
offering to sell shellfish.
(2) Subsections (1)(c) and (d) of this section do not apply
to retail purchases of shellfish for personal use.
(3) Subsection (1) of this section applies to a person only
during the period of time in which that person's license or
certificate of approval is denied, revoked, or suspended.
(4) Unlawful operations under subsection (1) of this section
when a license or certificate of approval is denied, revoked, or
suspended is a class C felony. Upon conviction, the department
shall order that the person's license or certificate of approval
be revoked for a period of at least five years, or that a person
whose application for a license or certificate of approval was
denied be ineligible to reapply for a period of at least five
years.
(5) A license or certificate of approval issued under this
chapter may not be assigned or transferred in any manner without
department approval.
[2011 c 194 § 7; 1998 c 44 § 1.]