N.Y. Comp. Codes R. & Regs. tit. 1 § 128.5
Current through Register Vol. 46, No. 50, December 11, 2024
Section 128.5 - Conditions governing compliance agreements for movement of regulated articles out of the quarantine area(a) A person engaged in growing, handling, or moving a regulated article intrastate may apply for a compliance agreement with the department, pursuant to which such person is authorized to issue limited permits or certificates of inspection, which allow movement of a regulated article without a department inspection prior to each movement.(b) Any authorized holder of a compliance agreement must agree to comply with the provisions of this Part and any conditions imposed under the compliance agreement.(c) A compliance agreement shall be subject to the department's acceptance in its sole discretion.(d) Any compliance agreement may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the compliance agreement has not complied with this Part or the conditions imposed under the compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the compliance agreement shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.N.Y. Comp. Codes R. & Regs. Tit. 1 § 128.5
Adopted New York State Register January 8, 2020/Volume XLII, Issue 01, eff. 1/8/2020Amended New York State Register August 25, 2021/Volume XLIII, Issue 34, eff. 8/25/2021