Section 0080-06-01-.15 - STOP MOVEMENT ORDERS(1) The department may issue a stop movement order for any plant, regulated article, or other material being moved in violation of the Act or this chapter or that is found to be infested or to be capable of harboring pests, pest plants, or disease.(2) A stop movement order may be lifted by the department when the owner or possessor of the item subject to the order performs one of the following actions at the owner's or possessor's expense:(a) The item is treated as ordered by the department to mitigate or prevent dissemination of pests, pest plants, and disease;(b) The item is returned to its origin as ordered by the department; or,(c) The item is destroyed as ordered by the department to prevent dissemination of any pest, pest plant, or disease.(d) If none of the actions under subparagraphs (a)-(c) is taken by the owner or possessor of the item within 10 days of the stop movement order being issued, the department may order the item be destroyed at its owner's expense.(3) Any person aggrieved by an order of the department issued under the Act or this chapter, may petition the department for review of the order under T.C.A. § 43-6-105 and the Uniform Administrative Procedures Act. Petitions for review of a departmental order must be submitted to the department in writing within 10 days of the order being issued. If no petition is filed with the department within the 10 day period, the department's order shall become final and will not be subject to review.Tenn. Comp. R. & Regs. 0080-06-01-.15
Original rule filed March 12, 1993; effective June 29, 1993. Repeal and new rule filed April 21, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Amendments filed March 24, 2016; effective 6/22/2016.Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.