Tenn. Comp. R. & Regs. 0080-06-26-.06

Current through November 28, 2024

Section 0080-06-26-.06 - ISSUANCE AND CANCELLATION OF CERTIFICATES

(1) An inspector may issue a certificate for the intrastate movement of regulated articles if an inspector determines that:

(a) The regulated articles have been treated under the direction of an inspector in accordance with 0080-6-26-.10 of this subpart; or

(b) The regulated articles are wood products such as firewood, logs, or lumber that are free of bark; or

(c) The regulated article is soil that has not been in direct physical contact with any article infected with Phytophthora ramorum, and from which all duff has been removed.

(d) The regulated articles are articles of nursery stock that:

1. Are shipped from a nursery or premises in a quarantined area that is inspected annually in accordance with the inspection and sampling protocol described in 0080-6-26-.11(1) of this subpart, and that has been found free of Phytophthora ramorum; and

2. Are part of a shipment of nursery stock that has been inspected prior to intrastate movement in accordance with 0080-6-26-.11(2) of this subpart, and that has been found free of Phytophthora ramorum; and

3. Have been kept separate from regulated articles not inspected between the time of the inspection and the time of intrastate movement; and

4. Have not been grown in, or moved from, other areas within a quarantined area except nurseries or premises that are annually inspected for Phytophthora ramorum in accordance with this section, and that have been found free of Phytophthora ramorum.

(e) The regulated article is to be moved in compliance with any additional emergency conditions the Commissioner may impose under the Tennessee Plant Act to prevent the spread of Phytophthora ramorum; and

(f) The regulated article is eligible for unrestricted movement under all other State and Federal domestic plant quarantines and regulations applicable to the regulated article.

(2) Certificates may be issued by any person engaged in the business of growing, processing, handling, or moving regulated articles provided such person has entered into and is operating under a compliance agreement. Any such person may execute and issue a certificate for the intrastate movement of regulated articles if an inspector has previously made the determination that the article is eligible for a certificate in accordance with 0080-6-26-.06(1) of this subpart.

(3) Any certificate that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate has not complied with all conditions in this subpart for the use of the certificate. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing within 3 days. Any person whose certificate has been withdrawn may appeal the decision in writing to the Commissioner within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate was wrongfully withdrawn. The Commissioner, or his designee, will hold a hearing within 30 days to resolve any conflict as to any material fact. The Commissioner or his designee, will grant or deny the appeal, in writing, stating the reasons for the decision, within 15 days of the date of the hearing.

Tenn. Comp. R. & Regs. 0080-06-26-.06

Original rule filed November 9, 2005; effective March 30, 2006.

Authority: T.C.A. § 43-6-106.