A. The associate director shall:

Terms Used In Arizona Laws 3-217

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Associate director: means the associate director of the division. See Arizona Laws 3-201
  • crop: includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation. See Arizona Laws 3-201
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Division: means the plant services division of the Arizona department of agriculture. See Arizona Laws 3-201
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Nursery: means real property or other premises on or in which nursery stock is propagated, grown or cultivated or from which source nursery stock is offered for distribution or sale. See Arizona Laws 3-201
  • Nursery stock: includes all trees, shrubs, vines, cacti, agaves, succulents, herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots, decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other plants intended for sale, gift or propagation, either cultivated or collected in the wild, except seeds as regulated by article 2 of this chapter, fruit and vegetables regulated by chapter 3, articles 2 and 4 of this title and cotton plants. See Arizona Laws 3-201
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

1. Establish a nursery certification program.

2. By rule, set and collect a variable fee for each nursery or nursery stock certification inspection based on a schedule of costs for services as may be appropriate to recover the actual direct costs incurred by the division, but not more than fifty dollars for each inspection.

B. If the state agricultural laboratory performs tests under a nursery certification program, the laboratory may collect fees prescribed by rule for the tests established as follows:

1. The associate director shall establish by rule the extent and type of testing required for the Arizona certified nursery program including only tests that the department would not otherwise have performed to determine if the nursery or nursery stock is infested or infected with a crop pest or disease.

2. The extent and type of testing required for the export criteria program shall be established according to the requirements of another state, country or commonwealth.

C. The associate director may issue, refuse to issue, revoke or suspend a nursery certificate under the nursery certification program.

D. A person who is aggrieved by any action under the nursery certification program may request a hearing pursuant to Title 41, Chapter 6, Article 10.

 

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