2 Miss. Code. R. 1-3-01-141.03

Current through December 10, 2024
Section 2-1-3-01-141.03 - DESTRUCTION OF PLANTS

After obtaining a permit, if the permit holder abandons or ceases to maintain or cultivate the plants authorized by the permit, if the permit expires without being renewed or if the permit holder ceases to abide by the conditions of the permit, the permit holder shall immediately remove and destroy the plants that are subject to the permit. The permit holder shall notify the Department of the removal and destruction of the plants within 10 days after such event.

If the Commissioner of Agriculture and Commerce:

a. Determines that the permit holder has abandoned or is no longer maintaining or cultivating the plants subject to the permit and has not removed and destroyed the plants authorized by the permit;
b. Determines that the continued maintenance or cultivation of the plants presents an imminent danger to the public health, safety or welfare;
c. Determines that the permit holder has violated the conditions of the permit;
d. Receives a notice of cancellation of the surety bond; or
e. Finds that the permit has expired without being renewed, the Commissioner may issue an order of destruction to be effective immediately, prior to notice and a hearing, directing the permit holder to immediately remove and destroy the plants authorized to be cultivated under the permit. A copy of the order of destruction shall be mailed by certified mail to the permit holder and to the surety on his bond.

If, upon issuance of an order of destruction by the Commissioner, the permit holder fails to remove and destroy plants subject to the permit within 30 days after issuance of the order, or such shorter period as may be required by the public health, safety or welfare, the Commissioner or his representatives may enter the cultivated acreage and remove and destroy the plants that are the subject of the permit. The costs and expenses incurred by the Department in removing and destroying the plants subject to the permit shall be reimbursed to the Department by the permit holder within 30 days after the date the permit holder and the surety on his bond have been served with a copy of the department's invoice for costs and expenses incurred in removing and destroying the cultivated plants. Failure of the permit holder to timely reimburse the Department for the incurred costs and expenses entitles the Department to reimbursement from the surety on the bond. However, if the permit holder or the surety objects in writing to the reasonableness of the invoice before the expiration of said 30 day period, the permit holder or the surety is entitled to a hearing before the reviewing officer on this issue. The reasonableness of the invoice issue shall be heard by the reviewing officer in addition to any other issues brought up for hearing by the permittee in accordance with the next immediate paragraph.

2 Miss. Code. R. 1-3-01-141.03