reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-306 - Providing Notice to Customers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Immediately following an application, the
				applicator shall provide a written notice to a customer for whom the applicator
				provides a pest management service that contains the:
1. Name and address of the
				customer;
2. Specific site to which
				a pesticide was applied;
3. Date of
				service;
4. Target pest or purpose
				of service;
5. Trade name of
				pesticide applied;
6. EPA
				registration number of restricted use pesticide applied;
7. Amount of pesticide applied, in terms of
				percent active ingredient and volume of diluted mixture or in terms of total
				amount of liquid concentrate, ready-to-use product, granular material, or bait
				stations;
8. Name and certification
				number of the applicator or if the applicator is uncertified, the name of the
				uncertified applicator and the name and certification number of the applicator
				providing supervision; and
9.
				Following statement printed in at least an eight-point font:
				"Warning-Pesticides can be harmful. Keep children and pets away from pesticide
				applications until dry, dissipated, or aerated. For more information, contact
				[business licensee's name and business license number issued by the PMD] at
				[business licensee's telephone number]."
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-307 - Performing a Wood-destroying Insect Inspection; WDIIRs

Current through Register Vol. 30, No. 28, July 12, 2024
A. Only an applicator certified in the
				category of wood-destroying organism management, who works under the direct
				employment of a business license and who has received the training required
				under A.R.S. §
									3-3633
				may complete a WDIIR.
B. An
				applicator completing a WDIIR shall inspect all areas of a structure including
				crawlspaces that are visible or accessible at the time of the inspection. The
				applicator may use techniques such as non-destructive probing and
				sounding.
C. An applicator
				completing a WDIIR may exclude from inspection an area that is permanently
				covered by a floor covering, wall covering, or built-in appurtenance such as a
				bookcase, cabinet, appliance, equipment, or furniture or that would require
				removing or marring finish work or moving furniture, appliances, or equipment.
				The applicator shall note on the WDIIR all areas that are not inspected and the
				reason the areas are not inspected.
D. An applicator completing a WDIIR shall
				inspect all areas where there is evidence of current or previous infestation
				and where a condition conducive to infestation exists. A condition conducive to
				infestation includes:
1. Faulty grade level.
				If a structure contains a slab or floor that is at or below grade, the existing
				earth level is considered grade level;
2. Inaccessible sub-area such as an area with
				less than 24 inches of clear space between the bottom of a floor joist and
				grade level;
3. Excessive cellulose
				debris. Cellulose debris is excessive when:
a. The debris can be raked into a pile of at
				least one cubic foot,
b. A stump or
				wood imbedded in a footing of the structure is in contact with earth,
				or
c. Firewood or a lumber pile is
				within six inches of the structure;
4. Earth-to-wood contact, which involves wood
				that is part of a structure or that is attached to or securely abuts the
				structure and is in contact with the ground; or
5. Excessive moisture or evidence of a
				moisture condition in or around a structure.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-308 - Performing Wood-destroying Insect Management

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicator shall not perform
				wood-destroying insect management or fumigation unless the applicator is
				certified in the category of wood-destroying organism treatment or fumigation,
				respectively, or working under the immediate supervision of an applicator who
				is certified in the category of wood-destroying organism treatment or
				fumigation respectively.
B. An
				applicator shall not perform wood-destroying insect management, issue a
				treatment proposal, or quote a fee for service until the business licensee that
				employs the applicator ensures that:
1. An
				on-site inspection of the property is performed by a certified applicator
				meeting the training requirement under A.R.S. §
										3-3632(E),
2. A treatment proposal is prepared, based
				upon the on-site inspection, on a form approved by the PMD and contains the
				information required under A.R.S. §
										3-3632(B) and (C),
				and
3. The treatment proposal is
				delivered to the person requesting the proposal or treatment, prior to the
				treatment.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-309 - Termite Warranties and Retreatments

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a business licensee or an employee of a
				business licensee is advised before concrete is poured that a pretreatment area
				is disturbed and the continuous chemical barrier is broken and if an
				opportunity is provided to re-treat the disturbed area or is advised that a
				new-construction treatment area is disturbed, the business licensee shall
				ensure that the disturbed area is retreated.
B. A business licensee that provides a
				subterranean termite treatment warranty shall ensure that the effective date of
				the warranty is the date on which treatment begins.
C. If subterranean termites occur in or on a
				residential or commercial structure within three years after a business
				licensee first performs a pretreatment or new-construction treatment of the
				structure, the business licensee shall re-treat the affected area of the
				structure free of charge in accordance with the label specifications of a
				termiticide available for use. If subterranean termites occur in or on an
				addition that does not abut the slab of a residential or commercial structure
				within three years after a business licensee first performs a pretreatment or
				new-construction treatment of the non-abutting addition, the business licensee
				shall re-treat the non-abutting addition free of charge in accordance with the
				label specifications of a termiticide available for use. For the purpose of
				this subsection, the business licensee is the business licensee who performed
				the pretreatment or new-construction treatment or a successor that acquired the
				business assets pertaining to wood-destroying insect treatment.
D. If subterranean termites occur a third
				time on the exterior of a one or two unit residential structure within three
				years after a business licensee first performs a pretreatment or
				new-construction treatment, the business licensee shall re-treat the entire
				exterior perimeter of the structure free of charge.
1. As used in this subsection, exterior means
				a portion of a residential structure where termite activity originates and that
				is not livable and not a garage;
2.
				For the purpose of this subsection and subsection (E):
a. A first occurrence means the first time
				evidence of subterranean termites exists after a pretreatment or
				new-construction treatment;
b. A
				second occurrence means evidence of subterranean termites exists at least 25
				feet away from the site of the first occurrence and at least 45 days after the
				date of re-treatment for the first occurrence; and
c. A third occurrence means evidence of
				subterranean termites exists at least 25 feet away from the sites of both the
				first and second occurrences and at least 45 days after the date of
				re-treatment for the second occurrence.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 3 - PEST MANAGEMENT › Section R3-8-310 - Business Management

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Financial responsibility.
1. A business
				licensee shall maintain the financial responsibility required by A.R.S. §
				3- 3615 and this Chapter.
2. A
				business licensee shall ensure that the required financial responsibility
				covers all pest management activities provided from the primary business office
				and each branch office.
3. If there
				is an interruption in the financial responsibility of a business licensee, the
				business licensee shall immediately stop providing pest management
				services.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-401 - Supervising an Applicator

Current through Register Vol. 30, No. 28, July 12, 2024
A. A QP
				and business licensee shall ensure that an applicator receives the training,
				equipment, and supervision that the applicator requires to comply fully with
				the PMD's statutes, this Chapter, and label and labeling directions.
B. A QP shall be readily available to an
				applicator while the applicator provides pest management services.
C. A QP shall ensure that the use,
				application, storage, or disposal of a pesticide is performed or supervised by
				an individual certified in a category applicable to the pesticide being used,
				applied, stored, or disposed.
D. A
				QP shall ensure that immediate supervision, which requires supervision by a
				certified applicator who is physically present, is provided when an uncertified
				applicator performs pest management services in the wood-destroying organism
				management, aquatic, or fumigation category, uses a restricted use pesticide,
				or uses a pesticide under an experimental use permit. A QP shall ensure that a
				certified applicator provides immediate supervision to not more than two
				uncertified applicators at a time.
E. In circumstances other than those
				described in subsection (D), a QP shall ensure that direct supervision, which
				does not require a supervising certified applicator to be physically present,
				is provided. A QP shall ensure that a certified applicator providing direct
				supervision considers the potential danger to the public or environment if the
				uncertified applicator misuses a pesticide. A QP shall ensure that a certified
				applicator providing direct supervision instructs the uncertified applicator in
				the following areas and has written evidence that the instruction was provided
				and understood:
1. Proper loading, mixing,
				applying, storing, and disposing of the pesticide;
2. Use of required safety equipment;
				and
3. Method and means by which to
				contact the supervisor immediately.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-402 - Qualifying a Business or School District

Current through Register Vol. 30, No. 28, July 12, 2024
A. A business licensee or school district
				shall employ a QP in each category of pest management in which the business
				licensee or school district provides pest management services. A business
				licensee or school district may employ multiple QPs.
B. A QP may not qualify more than one
				business licensee or school district at a time.
C. Notwithstanding subsection (B), the
				director may allow a QP to qualify more than one school district if the
				director believes that the number of applicators, pest management needs, and
				distance of the school districts will not hinder the QP's ability to comply
				with R3-8-403.
D. A QP may only qualify a business licensee
				or school district in the categories of pest management in which the QP is
				registered.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-403 - Qualifying Party Management

Current through Register Vol. 30, No. 28, July 12, 2024
A. A QP shall be physically present at the
				primary business office at least once every 14 days and at each branch office
				at least once every 120 days and ensure that all of the following are done:
1. Determine pesticide use by reviewing
				records of pesticide acquisitions, storage, disposal, and current
				inventory;
2. Review the pesticide
				inventory, including pesticides stored on a service vehicle, to determine
				compliance with labels, labeling, and the PMD's statutes and rules;
3. Review the training, supervision, and
				equipping of applicators employed by the business licensee or school district
				to determine whether the training, supervision, and equipping is sufficient to
				enable the applicators to comply with labels, labeling, and the PMD's statutes
				and rules;
4. Review personnel
				records to determine whether an applicator employed by the business licensee or
				school district is registered and certified in all applicable categories within
				the time-frames specified by
				R3-8-201;
5. Review office records and recordkeeping
				procedures to determine compliance with required recordkeeping and reporting;
				and
6. Ensure that any deficiency
				noted when the responsibilities listed in subsections (A)(1) through (A)(5) are
				performed is corrected.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-404 - Branch Supervisors

Current through Register Vol. 30, No. 28, July 12, 2024
With respect to a branch office, the branch supervisor shall
				  fulfill all the duties and responsibilities of a QP in this Article, except as
				  follows:
1. The branch supervisor
				shall be present at the branch office at a minimum of once every 14 days to
				review pesticide use, storage and disposal and by ensuring the training,
				equipping, and supervision of the applicators.
2. The branch office may operate in each
				category of pest management in which the QP is registered even if the branch
				supervisor is not a certified applicator in the category, though
				R3-8-201(C)  still
				applies.
3. The branch supervisor
				is not responsible for ensuring that the business licensee maintains current
				proof of financial security.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-405 - Supervision of Qualifying Party

Current through Register Vol. 30, No. 28, July 12, 2024
A business licensee or school district shall ensure that a QP
				  of the business licensee or school district receives the training, equipment,
				  and supervision that the QP requires to comply fully with the PMD's statutes
				  and rules and label and labeling directions.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-406 - Responsible Individuals

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible individual for a political subdivision
				  shall
1. Respond to inquiries or
				concerns by the Director or the Director's designee regarding compliance with
				A.R.S. Title 3, Chapter 20.
2.
				Identify for the Director or the Director's designee where records required by
				this Chapter are maintained, where personal protection equipment is located,
				and where pesticides are stored.
3.
				Demonstrate that all applicators are properly certified.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 4 - SUPERVISION › Section R3-8-407 - Joint Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An applicator, qualifying party, branch supervisor, or business licensee who
				supervises another person shall ensure that the supervised person is properly
				trained and equipped and receives the supervision necessary for the supervised
				person to provide pest management services in accordance with the pesticide
				label and labeling, this Chapter and the PMD statutes.
B. An applicator, qualifying party, branch
				supervisor, or business licensee who supervises another person may be held
				jointly responsible for the acts or omissions of the supervised
				person.
C. It is an affirmative
				defense to joint responsibility as described in subsection (B) if an
				applicator, qualifying party, branch supervisor, or business licensee complied
				with subsection (A) and can demonstrate that compliance with contemporaneously
				maintained records.
D. A QP and
				business licensee shall comply with every provision in this Chapter regarding
				applicator duties and responsibilities.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 5 - RECORDKEEPING AND REPORTING › Section R3-8-501 - Applicator Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An applicator shall make all records required by law and provide the records to
				the business licensee or political subdivision that supervises, directs, or
				employs the applicator within five business days.
B. Service records. An applicator shall make
				a record of each pest management service provided. The applicator shall include
				the following information in the service record:
1. Name and address of the
				customer;
2. Specific site at which
				a pesticide was applied;
3. Date
				and time of service;
4. Target pest
				or purpose of service;
5. Trade
				name of pesticide applied;
6. EPA
				registration number of any restricted use pesticide applied;
7. Amount of pesticide applied, in terms of
				percent active ingredient and volume of diluted mixture or in terms of total
				amount of liquid concentrate, ready-to-use product, granular material, or bait
				stations; and
8. Name and
				certification number of the applicator or if the applicator is uncertified,
				name of the uncertified applicator and the name and certification number of the
				applicator providing supervision.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 5 - RECORDKEEPING AND REPORTING › Section R3-8-502 - Qualifying Party Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to
				ensuring that the records required under
				R3-8-501 are made, a QP shall
				ensure that complete records are made and maintained of the training,
				supervision, and equipping provided to an applicator.
B. At a minimum, QP training records must
				consist of the following information:
1. Date
				of the training,
2. Printed name
				and signature of the trainee,
3.
				Printed name and signature of the trainer,
4. Brief description of topic(s) covered,
				and
5. Copies of labels and any
				other pertinent material used in training.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 5 - RECORDKEEPING AND REPORTING › Section R3-8-503 - Business Licensee and Political Subdivision Recordkeeping and Retention

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to
				ensuring that the records required under
				R3-8-501 and
				R3-8-502 are made and maintained, a
				business licensee and political subdivision shall make and maintain records of
				the following:
1. The specimen label and SDS
				for each registered pesticide currently used by an applicator supervised,
				directed or employed by the business licensee or political
				subdivision;
2. The financial
				responsibility required under
				R3-8-310(A), if
				applicable;
3. Purchase records of
				each pesticide purchased or otherwise acquired that include the following
				information:
a. Date of purchase or
				acquisition;
b. Trade name of
				pesticide;
c. Quantity of pesticide
				purchased or acquired; and
d. Name
				of the business licensee;
4. Date on which a service vehicle or trailer
				is acquired;
5. Incident reports
				submitted to the PMD as required under
				R3-8-504;
6. A pest management service provided,
				including a service provided under a warranty;
7. The evidence of customer refusal of a
				re-treatment or post-construction treatment required under
				R3-8-309(J);
8. Written inspection reports;
9. Business licensee contracts for pest
				management services; and
10.
				Personnel records including for each applicator supervised, directed or
				employed by the business licensee or political subdivision:
a. Date of hire or beginning of
				relationship;
b. Date on which pest
				management services are first performed;
c. Training and continuing education
				received;
d. Supervision
				received;
e. Protective clothing,
				safety supplies, and equipment issued to employee;
f. Name of supervisor; and
g. Employment or relationship ending
				date.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 5 - RECORDKEEPING AND REPORTING › Section R3-8-504 - Reporting Incidents and Bulk Releases

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notice to PMD of an incident.
1. A business licensee and political
				subdivision shall provide written notice to the PMD within one business day
				after one of the following incidents is confirmed by medical personnel or an
				applicable regulatory agency to be caused by a pesticide applied by the
				business licensee or political subdivision:
a. Death or illness of an
				individual;
b. Contamination of
				food, feed, drugs, or water supply;
c. Contamination of a structure that results
				in the hospitalization of an occupant or evacuation of the structure;
				or
d. Contamination of the
				environment that results in evacuation of the area.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 5 - RECORDKEEPING AND REPORTING › Section R3-8-505 - Groundwater Protection List Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. For each application of a soil-applied
				pesticide containing an active ingredient that appears on the Arizona
				Department of Environmental Quality groundwater protection list and has been
				detected in Arizona groundwater within the last five years, the QP shall submit
				the following information on a quarterly basis on a form approved by the PMD:
1. The county of use,
2. The name of product used and the EPA
				registration number,
3. The amount
				applied,
4. The dates covered by
				the report, and
5. Business license
				number.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-601 - Inspection of Licensee Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon written request by the PMD for the
				production of records, an applicator, QP, branch supervisor, business licensee,
				or political subdivision shall:
1. Make the
				records required under this Chapter available for review by the PMD within 24
				hours or by a later date specified by the PMD.
2. Make the records available at the PMD
				unless another location is agreed upon.
3. Be available to interpret the submitted
				records if requested by the PMD.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-602 - Compliance with PMD Monitoring

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the PMD makes a written request of an
				applicator for a list of the time and location of pest management services that
				the applicator is scheduled to provide on a specified date, the applicator
				shall make the information available within 24 hours. The applicator may make
				the information available in a manner prescribed by the PMD.
B. If an applicator cannot timely comply with
				a request made under subsection (A), the applicator shall immediately provide
				written notice to the PMD, indicate the reason for noncompliance, and request
				greater specificity regarding the information to be made available or
				additional time in which to comply.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-603 - Corrective Work Orders

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the PMD issues a corrective work order requiring a licensee to remedy
				deficiencies in treatment or to comply with this Chapter or the PMD's statutes,
				the licensee shall notify the PMD in writing by the date specified in the order
				that the corrective work is complete.
B. The director may consider a licensee's
				compliance with a corrective work order or lack thereof in imposing appropriate
				disciplinary action.
C. Failure to
				timely complete the corrective action or notify the PMD of the completion is a
				separate ground for disciplinary action.
D. A corrective work order issued by the PMD
				is not subject to A.R.S. §
									41-1009(E)
				-(F) unless the PMD indicates in the order that timely compliance with the
				order will result in no disciplinary action being taken for a deficiency or
				violation.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-604 - Disciplinary Action

Current through Register Vol. 30, No. 28, July 12, 2024
To determine the disciplinary action that is appropriate, the
				  Director may consider the following:
1. Prior violations,
2. Dishonest or self-serving
				motive,
3. Amount of experience as
				a licensee,
4. Submission of false
				evidence or statements or other deceptive practices during the investigative or
				disciplinary process,
5.
				Acknowledgement of wrongful nature of violation,
6. Practices put in place to prevent a
				similar violation from occurring again,
7. Compliance with a corrective work
				order,
8. Degree of harm resulting
				from the violation, and
9. Whether
				harm resulting from the violation was cured.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-605 - Consent Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				consent agreement shall include the following:
1. General nature of violations,
2. Citation to statutes and rules alleged to
				be violated,
3. Disciplinary action
				to be taken,
4. Effective date of
				the disciplinary action if different from the date of the consent
				agreement,
5. Corrective action to
				be taken, and
6. Date to complete
				any corrective action.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 8 - DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION › Article 6 - INSPECTIONS; DISCIPLINARY PROCEDURES › Section R3-8-606 - Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. When assessing a
				civil penalty for a violation, the Director shall assess a civil penalty for
				each violation based on the violation's total point value set out in this
				Section. To calculate the total point value, the Director shall sum the points
				for each aggravating factor and may subtract the points for each mitigating
				factor. The Director, in his sole discretion, may treat multiple violations as
				a single violation for the purpose of calculating the civil penalty.
B. Aggravating factors.
1. Pesticide type.
a. General use.
2
b. Experimental use or special local
							 need.
3
c. Restricted use or unregistered.
5
2. Harm to humans and non-target animals.
a. None or unverified potential harm.
0
b. Potential harm.
3
c. Actual, verifiable harm.
5
3. Harm to environment and economic loss.
a. None or unverified potential harm.
0
b. Potential harm or loss.
3
c. Actual, verifiable loss of $10,000 or
							 less.
4
d. Actual, verifiable loss exceeding
							 $10,000.
5
e. Actual, verifiable environmental
							 harm.
5
4. Non-pesticide violations.
a. Negligent violations.
4
b. Knowing or willful violations.
8
5. Prior similar violations.
a. None.
0
b. Warning letter within 12 months.
1
c. One or more within 36 months, but none within 12
							 months.
2
d. One within 12 months.
3
e. More than one within 24 months, but none within 12
							 months.
4
f. More than one within 12 months.
5
6. Culpability.
a. Negligent violations.
2
b. Knowing or willful violations.
4
C.
				Mitigating factors. In considering whether to subtract points for mitigating
				factors, the Director may consider whether the mitigating act occurred before,
				during, or after PMD's investigation.
1. Good will.
a. Admission of fault or cooperation
1
b. Admission and cooperation
2
c. Admission, cooperation, and corrective action
							 prior to request.
3
2. Environmental benefit.
a. Clean up.
1
b. Move toward less toxic methods.
2
c. Develop IPM program.
3
3. Consumer benefit.
a. Consumer education.
1
b. Make consumer whole.
2
c. Extend warranty.
3
4. Other benefits.
a. Training (CEU).
1
b. Equipment (modification or new).
2
c. Purchase and use of computer for
							 TARFs.
3
D.
				Civil penalty. To calculate the civil penalty, the Director shall:
1. For total point values of 6-10, multiply
				the value by $100 and then subtract $500.
2. For total point values of 11-15, multiply
				the value by $100 and then subtract $600.
3. For total point values of more than 16,
				assess the maximum penalty of $1000.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 1 - ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL › Section R3-9-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									3-526, the following
				  terms apply to this Article:
1. "SAILRC" means the Arizona Iceberg Lettuce Research
				  Council.
2. "SAuthorized signature" means the signature of an
				  individual authorized to receive funds on behalf of the applicant and
				  responsible for the execution of the applicant's project.
3. "SAwardee" means a successful applicant to whom the AILRC
				  awards grant funds for research on a specific project.
4. "SDepartment" means the Arizona Department of
				  Agriculture.
5. "SGovernmental unit" means any department, commission,
				  council, board, bureau, committee, institution, agency, government corporation,
				  or other establishment or official of the executive branch or corporation
				  commission of this state, another state, or the federal government.
6. "SGrant" means an award of financial support to an
				  applicant according to A.R.S. §
									3-526.02(B) and
				  (C)(5).
7. "SGrant award agreement" means a document that advises an
				  applicant of the amount of money awarded following receipt by the AILRC of the
				  applicant's signed acceptance.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 1 - ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL › Section R3-9-102 - Elections

Current through Register Vol. 30, No. 28, July 12, 2024
A. The AILRC shall
				elect officers as specified in A.R.S. §
									3-526.02(A)(2)
				 during the first quarter of each calendar
				year.
B. Officers continue in
				office until the next annual election.
C. An officer may be reelected
				successively.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 1 - ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL › Section R3-9-103 - Hearings and Rehearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				AILRC shall follow the Uniform Administrative Procedure Act, A.R.S. Title 41,
				Chapter 6, Article 10, for a hearing before the AILRC.
B. A party may file a motion for rehearing or
				review under A.R.S. §
									41-1092.09.
C. The AILRC shall grant a rehearing or
				review of a decision for any of the following causes materially affecting the
				moving party's rights:
1. The decision is not
				justified by the evidence or is contrary to law;
2. There is newly discovered material
				evidence that could not with reasonable diligence have been discovered and
				produced at the original proceeding;
3. One or more of the following deprived the
				party of a fair hearing:
a. Irregularity or
				abuse of discretion in the conduct of the proceeding;
b. Misconduct of the AILRC, the
				administrative law judge, or the prevailing party; or
c. Accident or surprise that could not have
				been prevented by ordinary prudence; or
4. Excessive or insufficient
				sanction.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 1 - ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL › Section R3-9-104 - Annual Report

Current through Register Vol. 30, No. 28, July 12, 2024
The AILRC shall prepare a report according to A.R.S. §
									3-526.02(A)(5),
				  by October 31 of each year.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 1 - ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL › Section R3-9-106 - Grants

Current through Register Vol. 30, No. 28, July 12, 2024
A. Grant
				application process.
1. The AILRC shall award
				grants according to the competitive grant solicitation requirements of this
				Article.
2. The AILRC shall post
				the grant application and manual on the AILRC's web site at least four weeks
				before the due date of a grant application.
3. The AILRC shall ensure that the grant
				application manual contains the following items:
a. Grant topics related to AILRC programs
				specified by A.R.S. §
											3-526.02(B) and
				(C)(5);
b. A statement that the information contained
				in an application is not confidential;
c. A statement that the AILRC funding source
				is primarily from per carton assessments on iceberg lettuce grown in
				Arizona;
d. An application form
				including sections about the description of the grant project, scope of work to
				be performed, an authorized signature line, and a sample budget form;
e. A statement that the applicant shall not
				include overhead expenses in the budget for the proposed project;
f. The criteria that the AILRC shall use to
				evaluate an application;
g. The
				date and time by which the applicant shall submit an application;
h. The anticipated date of the AILRC
				award;
i. A copy of the AILRC grant
				solicitation rules; and
j. Any
				other information necessary for the grant application.
4. The AILRC shall not consider an
				application received by the AILRC after the due date and time.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 2 - ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL › Section R3-9-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									3-581, the following
				  term applies to this Article:
"SAGRPC" means the Arizona Grain Research and Promotion
				  Council.
"SDepartment" means the Arizona Department of
				  Agriculture.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 2 - ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL › Section R3-9-202 - Fees; Grain Assessment and Refund

Current through Register Vol. 30, No. 28, July 12, 2024
A. The AGRPC shall annually prescribe the fee
				to be assessed per hundredweight of grain sold in Arizona within the
				limitations established under A.R.S. §
									3-587.
B. The person who pays the fee required under
				subsection (A) shall ensure that:
1. The
				grain assessment fee is remitted to the AGRPC; and
2. The following information is provided to
				the AGRPC on a form obtained from the Department:
a. First buyer's name, address, and telephone
				number;
b. Report date and months
				covered by the report;
c. Total
				amount remitted to the AGRPC for the reporting period;
d. Producer's name, address, and telephone
				number;
e. Type of grain and
				tonnage by grain type; and
f. First
				buyer's or designee's signature.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 2 - ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL › Section R3-9-203 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The AGRPC shall
				use the uniform administrative procedures of A.R.S. Title 41, Chapter 6,
				Article 10 to govern any hearing before the AGRPC required under A.R.S. §
									3-591.
B. A party may file a motion for rehearing or
				review under A.R.S. §
									41-1092.09.
C. The AGRPC shall grant a rehearing or
				review of an administrative law decision for any of the following causes
				materially affecting the moving party's rights:
1. The decision is not justified by the
				evidence or is contrary to law;
2.
				There is newly discovered material evidence that could not with reasonable
				diligence have been discovered and produced at the original
				proceeding;
3. One or more of the
				following deprived the party of a fair hearing:
a. Irregularity or abuse of discretion in the
				conduct of the proceeding;
b.
				Misconduct of the AGRPC, the administrative law judge, or the prevailing party;
				or
c. Accident or surprise which
				could not have been prevented by ordinary prudence; or
4. Excessive or insufficient
				sanction.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 2 - ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL › Section R3-9-204 - Records

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall retain the AGRPC's records as prescribed
				  in A.R.S. §
									3-586. A
				  record may be reviewed at the Department's main office, Monday through Friday,
				  except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. A
				  copy of a record will be provided according to the provisions of A.R.S. §
									39-121
				  et seq.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 2 - ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL › Section R3-9-205 - Grants

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions.
"SAuthorized signature" means the signature of an individual
				  authorized to receive funds on behalf of an applicant and responsible for the
				  execution of the applicant's project.
"SAwardee" means an applicant to whom the AGRPC awards grant
				  funds for a proposed project.
"SGovernmental unit" means any department, commission,
				  council, board, bureau, committee, institution, agency, government corporation,
				  or other establishment or official of the executive branch or corporation
				  commission of this state, another state, or the federal government.
"SGrant" means an award of financial support to an applicant
				  according to A.R.S. §
										3-584(C)(5).
"SGrant award agreement" means a document advising an
				  applicant of the amount of money awarded following receipt by the AGRPC of the
				  applicant's signed acceptance of the award.
B. Grant application process.
1. The AGRPC shall award grants according to
				the competitive grant solicitation requirements of this Article.
2. The AGRPC shall post the grant application
				and manual on the AGRPC's web site at least four weeks before the due date of a
				grant application.
3. The AGRPC
				shall ensure that the grant application and manual contain the following items:
a. Grant topics related to AGRPC projects
				specified in A.R.S. §
											3-584(C)(5);
b. A statement that the information contained
				in a grant application is not confidential;
c. A statement that the AGRPC funding source
				is primarily from assessments on the seed of barley and wheat of all classes
				produced in Arizona for use as food, feed, or seed or produced for any
				industrial or commercial use;
d. An
				application form including sections about the description of the grant project,
				scope of work to be performed, an authorized signature line, and a sample
				budget form;
e. A statement that
				the applicant shall not include overhead expenses in the budget for the
				proposed project;
f. The criteria
				that the AGRPC shall use to evaluate an application;
g. The date and time by which the applicant
				shall submit an application;
h. The
				anticipated date of the AGRPC award;
i. A copy of this Section consisting of grant
				solicitation procedures and requirements; and
j. Any other information necessary for the
				grant application.
4.
				The AGRPC shall not evaluate an application received by the AGRPC after the due
				date and time.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 3 - ARIZONA COTTON RESEARCH AND PROTECTION COUNCIL › Section R3-9-301 - Ginning and Remittance Forms

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Each September the Arizona Cotton Research and Protection Council shall send
				the ginning and remittance report forms and a fee schedule to the operator of
				each gin for which a report was made during the previous year. A gin operator
				who has not submitted a report in the previous year may obtain the report forms
				and a fee schedule from the Arizona Cotton Research and Protection Council
				office.
B. Each gin operator who
				gins for Arizona producers during the current crop year shall complete the
				following reports and submit them with the appropriate fees, to the Arizona
				Cotton Research and Protection Council within the times specified below:
1. On or before February 15 of each year:
a. The name and number of the reporting
				gin;
b. The business mailing
				address, telephone number, and county of the reporting gin;
c. The name of the authorized agent for the
				gin;
d. The crop year;
e. The name and mailing address of each crop
				producer;
f. The Farm Service
				Agency (FSA) farm number;
g. An
				estimate of the number of bales to be ginned by March 15 from cotton grown at
				or below 2,700 feet elevation; and
h. An estimate of the number of bales to be
				ginned by March 15 from cotton grown above 2,700 feet elevation;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 3 - ARIZONA COTTON RESEARCH AND PROTECTION COUNCIL › Section R3-9-303 - Weather Related Extensions

Current through Register Vol. 30, No. 28, July 12, 2024
A.For the purpose of this Section:
1. "Council" means the Arizona Cotton
				Research and Protection Council.
2.
				"Qualifying weather event" means substantial interference with post-harvest
				activities as outlined in (E)(1) to detach the cotton root from the soil caused
				by significant rain or moisture or by sustained winds within an established
				PM10 nonattainment area.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 5 - ARIZONA CITRUS RESEARCH COUNCIL › Section R3-9-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
"SDepartment" means the Arizona department of agriculture.
				  A.R.S. § 3-468(3).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 5 - ARIZONA CITRUS RESEARCH COUNCIL › Section R3-9-502 - Elections

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Council
				shall elect officers during the first quarter of each calendar year.
B. Officers shall continue in office until
				the next annual election is held.
C. An officer may be successively
				reelected.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 5 - ARIZONA CITRUS RESEARCH COUNCIL › Section R3-9-503 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Council
				shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6,
				Article 10 to govern any hearing before the Council.
B. A party may file a motion for rehearing or
				review under A.R.S. §
									41-1092.09.
C. The Council shall grant a rehearing or
				review of an administrative law decision for any of the following causes
				materially affecting the moving party's rights:
1. The decision is not justified by the
				evidence or is contrary to law;
2.
				There is newly discovered material evidence that could not with reasonable
				diligence have been discovered and produced at the original
				proceeding;
3. One or more of the
				following deprived the party of a fair hearing:
a. Irregularity or abuse of discretion in the
				conduct of the proceeding;
b.
				Misconduct of the Council, the administrative law judge, or the prevailing
				party; or
c. Accident or surprise
				that could not have been prevented by ordinary prudence; or
4. Excessive or insufficient
				sanction.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 5 - ARIZONA CITRUS RESEARCH COUNCIL › Section R3-9-504 - Annual Report

Current through Register Vol. 30, No. 28, July 12, 2024
The Council shall prepare an annual report as prescribed
				  under A.R.S. §
									3-468.02(A)(5),
				  by October 31.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 9 - DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS › Article 5 - ARIZONA CITRUS RESEARCH COUNCIL › Section R3-9-505 - Records

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall retain the Council's records as
				  authorized by A.R.S. §
									3-468.02(A)(4).
				  A record may be reviewed at the Department's main office, Monday through
				  Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00
				  p.m. A copy of a record shall be provided according to the provisions of A.R.S.
				  §
									39-121
				  et seq.