Ariz. Admin. Code § 3-3-1006

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-1006 - Agricultural Emergency

A. Any grower, a group of growers, or designee may request the Assistant Director for an agricultural emergency.

B. Possibility of agricultural emergency.

1. If during business hours information is obtained showing that a declaration of an agricultural emergency is necessary, the requesting party shall notify the Department immediately and provide the following information:

a. The cause of the emergency,

b. The area where the emergency may occur,

c. An explanation of why early entry is necessary,

d. Why other methods cannot be used to avoid the early entry, and

e. The justification that substantial economic loss will occur.

2. The Assistant Director shall render a decision to the requesting party on whether an agricultural emergency exists, if the grower or requesting party submits written evidence that includes the information in subsection (B)(1), within four hours of receiving the information.

3. If a grower or requesting party does not submit the written documentation in subsection (B)(1) or if the Assistant Director questions the validity or adequacy of the written evidence of the emergency, the Assistant Director shall investigate a grower's entry into the restricted-entry interval area and advise the requesting party of the reasons for the denial of the agricultural emergency.

4. If the information in subsection (B)(1) is given orally, the requesting party shall notify the Department immediately and provide the Assistant Director with written evidence of the emergency within five days. The Assistant Director shall, within 10 business days of receipt of the written evidence of the emergency or completion of the investigation, issue a letter to the requesting party confirming or denying the request for an agricultural emergency.

C. Occurrence of agricultural emergency.

1. If information is obtained after business hours, or during a weekend or holiday, showing that a declaration of agricultural emergency is necessary, the requesting party shall inform the Department, orally, the next business day following the emergency and provide the following information, in writing, within 72 hours of the emergency or notification:

a. The cause of the emergency,

b. The area where the emergency occurred,

c. A brief explanation of why early entry was necessary,

d. Why other methods could not be used to avoid the early entry, and

e. The justification that substantial economic loss would have occurred.

2. If a grower or requesting party does not submit the written evidence of the emergency in subsection (B)(1) or if the Assistant Director questions whether the written evidence of emergency could have occurred before the emergency, or the validity or adequacy of the written evidence of the emergency, the Assistant Director shall investigate a grower's entry into the restricted-entry interval area and advise the requesting party of the reasons for the denial.

3. The Assistant Director shall within 10 business days of receipt of the evidence of emergency or completion of the investigation issue a letter to the requesting party confirming or denying the request for the agricultural emergency.

Ariz. Admin. Code § R3-3-1006

Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1006renumbered from R3-8-206 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.