(1) Unless specifically provided for elsewhere in these rules, any person (cotton grower, gin, or otherwise) assessed a penalty under these rules may appeal the penalty assessment to the State Plant Board within thirty (30) days of the date of the penalty assessment.
(2) Such appeal must include all information upon which the appealing party bases its appeal.
(b)
(1) The Director of the State Plant Board may revoke, modify, or affirm the penalty and shall rule on the appeal within forty-five (45) days of the board’s receipt of the appeal.
(2) The director’s ruling shall be in writing and mailed to the appealing party via first class United States mail.
(c) Any refunds due on the penalty assessment shall be paid promptly in compliance with the applicable fiscal rules and regulations.
(d)
(1) The director may seek the recommendation of the Arkansas Cotton Grower’s Organization, Inc., on any appeals under this section.
(2) Provided, however, any such recommendation from the Arkansas Cotton Grower’s Organization, Inc., shall not be binding on the director.