3-217. Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing

A. The associate director shall:

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.

3-217. Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing

A. The associate director shall:

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.