2 Miss. Code. R. 1-3-01-141.02

Current through October 31, 2024
Section 2-1-3-01-141.02 - BOND

Each permit holder shall maintain for the subject growing location a corporate surety bond in an amount determined by the department, but not less than 150 percent of the estimated cost of removing and destroying the plants cultivated under the special permit, and subject to a cap of $5,000.00/ac. The original bond shall be filed with the Department. The bond shall be conditioned to secure the permittee's performance of its duties, obligations and responsibilities under the Nonnative Plant Species Law, Miss. Code of 1972, § 69-25-10, and these regulations. The bond proceeds shall be used to pay all costs and expenses incurred by the Department in removing and destroying the plants cultivated under the special permit. The surety company shall give the department 30 days' written notice of cancellation by certified mail in order to cancel a bond, but the liability of the surety for the acts or omissions of the permittee shall continue during the thirty days of cancellation notice. Cancellation or expiration of a bond does not relieve a surety company from liability which accrues before the cancellation becomes final, but which is discovered after that date, and which may have arisen at any time during the term of the bond. The bond agreement must include terms binding the instrument to the Department. The bond shall be renewed annually, with documentary proof thereof to be submitted to the Department. The amount of such bond shall be increased or decreased, upon order of the department, at any time if the department finds such increase or decrease to be warranted by the cultural practices of the permit holder.

2 Miss. Code. R. 1-3-01-141.02