4.12.1407 RIGHT TO HOLD NURSERY STOCK FOR INSPECTION-- CONDEMNATION OF PRODUCTS
(1) All condemnation orders issued by the
department are subject to appeal pursuant to the provisions of the Montana
Administrative Procedure Act (Title 2, chapter 4, MCA) and the procedural rules
of the department (ARM Title 4, chapter 2) .
(2) All notices of condemnation of nursery stock
or plant material given by the department shall be written and served either
upon the owner, shipper, or person in charge. If no person is in charge of such
stock, the department shall immediately notify the consignor at his address
advising him of the action and in such case the consignor shall have three days
to perfect an appeal as defined.
(3) The owner, shipper or person in charge of
the condemned nursery may appeal the decision to the director of the department
in writing. Such appeal must be perfected within twenty-four hours after
the notice has been served if notice is delivered in person and three days if
notification is made by mail. Condemned stock must, at the expense of the
person perfecting the appeal, be immediately placed in quarantine until final
action and determination of the appeal.
History: Sec. 80-7-131 and 80-1-102 MCA; IMP, Sec. 80-7-118 and 80-7-110 MCA; NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94.