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: 80-1-102, 80-7-109 MCA; IMP, 80-7-108, 80-7-110, MCA; NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2024 MAR p. 128, Eff. 1/27/24.