- (a) Pursuant to Arkansas Code § 2-16-611(b), the State Plant Board may by written order require the destruction of cotton planted in a prohibited planting area after publication of the first notice required in 2 CAR § 51-301.
- (b) Said order shall be delivered to the cotton grower via certified United States mail.
(c) The order shall:
- (1) Identify the cotton to be destroyed by township, range, and section, or portion thereof;
- (2) Specify the date by which the cotton grower must destroy the crop at the cotton grower’s expense, which date shall be at least ten (10) calendar days after the date of the order; and
- (3) Further state that in the event the cotton grower does not destroy the cotton by the specified date, the board will destroy the cotton and assess the cost of destruction against the state cotton grower.
(d) The assessment under this section shall be:
- (1) Payable within thirty (30) calendar days after destruction; and
- (2) Treated as any assessment for the purpose of enforcing these rules.
(e)
- (1) Provided, however, the cotton grower may appeal an order under this section to the Director of the State Plant Board.
- (2) The appeal must be received by the board within ten (10) calendar days of the date of the order.
- (3) The director shall issue an order on the appeal within ten (10) calendar days of the board’s receipt of the appeal.