Section 0080-06-22-.12 - PROGRAM PARTICIPATION, FEE PAYMENT, PENALTIES, AND CREDITS(1) Upon passage of a grower referendum conducted under the provisions of T.C.A. 43-6-423, all cotton growers in an elimination area as set out in 0080-6-22-.05 shall be required to participate in the boll weevil eradication program and pay an assessment as recommended by the Foundation and established by the Commissioner.(2) Assessment rates recommended by the Foundation and established by the Commissioner shall not exceed the maximum rate authorized by the most recent referendum. The assessment rate and payment date is dependent upon the availability of allocated funding. Therefore, notification will be given to growers via correspondence from the Department at the earliest practical date, after the amount of allocated funding is known. All payments made by the grower shall be submitted to the local FSA and made payable to the Tennessee Boll Weevil Eradication Foundation, Inc.(3) Any grower in an elimination area whose FSA measured acreage exceeds the acreage reported by the grower on the intended or certified cotton acreage reports by more than 10 percent shall be assessed a penalty fee of $5.00 per acre on that acreage in excess of the reported acreage. Any grower whose FSA measured acreage exceeds the reported planting intentions by more than 10 percent due to emergency or hardship may apply for a waiver. Any grower applying for a waiver shall make application in writing to the Commissioner stating the conditions under which he requests the waiver. The Commissioner will make all decision concerning a waiver of all or part of this requirement. Notification will be given to the grower within two weeks after receipt of such application. The Commissioner shall base his decision upon the following:(a) Meteorological conditions,(c) Any other uncontrollable destructive forces.(4) Failure to pay all assessments on or before the deadlines established by the Commissioner for the current growing season shall result in a late payment penalty of $5.00 per acre. Failure by a grower to pay all program costs by the deadlines established by the Commissioner is a violation of this rule.(5) The Commissioner shall have a lien for the payment of assessments which shall be of equal dignity with liens for taxes in favor of the State.(6) At such times as are profitable to the boll weevil eradication program, the Foundation may recommend credits for early cotton stalk destruction. Such credits, if approved by the Commissioner, shall be applied to the subsequent year's assessment. In order to claim such credits: (a) The grower must complete a stalk destruction verification form and submit a copy to the local FSA office in the county where the cotton was produced.(b) Stalk destruction must be verified by an authorized representative of the Southeastern Boll Weevil Eradication Foundation, Inc.(c) The stalk destruction verification form must be received at the Department no later than December 1 immediately following the early stalk destruction.Tenn. Comp. R. & Regs. 0080-06-22-.12
Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999. Amendment filed May 16, 2001; effective September 28, 2001.Authority: T.C.A. §§ 43-6-406 and 43-6-409.