Section R64-3-4 - Requirements and Procedures for Renewing, Investigation of, Revoking or Extending the Agriculture Certificate of Environmental Stewardship (ACES)(1) Prior to the five (5) year certificate expiration date, the Department shall send a certified letter to the operation: (a) The owner/operator has 30 days to respond by written request for a certificate extension for another five (5) years.(b) If no response is received the operation's certification shall expire on the expiration date.(c) The owner/operator shall continue to meet all requirements of the original certification to receive the extension. (i) review of workbook(s) requirements shall be made by a planner(s);(ii) verification by the Department as required in R64-3-3 (3-7); and(iii) Owner/operator shall pay certification fee as stated in R64-3-3(10).(2) If any requirement is found in non-compliance, the planner(s) shall review with the owner/operator what action(s) shall be met for the operation to retain certification. (a) The owner/operator shall have 120 days to meet the request in order to maintain Program certification in that sector.(b) If the request is not met, the sign shall be removed by the owner/operator and returned to the Department.(3) If the operation is certified in more than one sector only the sector in which they are in non- compliance shall the certification be revoked and the sign removed and returned to the Department. Investigation and/or revocation of certification:
(4) Planner(s) and the Department shall have access to review records on site and make site visits during normal business hours:(a) The Department shall make every effort to notify the operation prior to the visit.(5) If any requirement is found in non-compliance, the planner(s) shall review with the owner/operator what action(s) shall be met for the operation to retain certification. (a) The owner/operator shall have 120 days to meet the request to maintain Program certification in that sector(b) If the request is not met, the sign shall be removed by the owner/operator and returned to the Department.(6) If the operation is certified in more than one sector only the sector in which they are in non- compliance shall the certification be revoked and the sign removed and returned to the Department.(7) Owner/operator may request a variance by notifying the Commission Chair, in writing, stating the reason they could not comply within the 120 days.(8) The Commission Chair has 30 days to respond, in writing, to the request.(9) Prior to the ten (10) year termination date of a certificate, the Department shall send a certified letter to the operation. Re-certification shall require the completion of requirements in a current ACES workbook(s) and verification as required in R64-3-3 (3-7) and fee according to R64-3-3(10).(10) Investigation: The Department shall review any complaints/concerns received. (a) The Department shall contact the planner(s) who certified the operation, and they shall investigate the complaint/concern. If the planner(s) is not available the Department shall contact another planner(s).(b) If the complaint/concern is not found to be a significant violation of the certification program then the reason for such determination shall be documented in a letter to the owner/operator and no action will be taken. (i) Planner(s) may make recommendations to correct the concern.(c) If it is determined that a significant violation has occurred. (i) Department shall report the operation to the Commission Chair.(ii) Commission chair shall then take the following actions: (A) Inform the commission, and(B) Make a list of corrective actions necessary and establish time frame for compliance to address the complaint and still maintain certification.(11) The Commission Chair shall then inform the operation by certified letter of corrective action(s) and time frame for compliance.(12) If the certified operation does not comply within the time frame specified to rectify the concerns stated in the commission's letter. (a) The Department shall make a report to the Commission stating reasons for non- compliance.(13) Commission shall review Department reports and may revoke certification.(a) If certification is revoked the owner/operator shall remove the sign and return it to the Department, and certification fee shall not be refunded; (i) The operation shall not be allowed to participate in the ACES Program for two (2) years.(14) If an operation denies the Department access to a site visit and/or review of records the Commission shall revoke the certification.(15) If the operation is sold and/or under new management, the current certification shall be revoked.(a) The Sign shall be removed and returned to the Department.(16) The new Owner/operator shall: (a) inform the Department of the change in writing;(b) go through the certification process with a current workbook(s) as required in R64-3-3 (3-7) to become certified; and(c) pay the fee according to R64-3-3(10).(17) The Department shall give a yearly report on the ACES Program to the Commission.