PURPOSE: This rule outlines the procedures for certifying agents that certify organic entities in the state of Missouri to register with the program.

1. (1) Any certifying agent that certifies organic entities within the state shall be required to submit an application for registration with the program. A listing of registered certifying agents shall be maintained by the program and shall be made available to the public upon request.
2. (2) Registration shall be in effect from January 1 of the year registered and shall continue to be in effect through December 31 of the year it was issued, unless cancelled by the registrant or by the director pursuant to sections (6) and (7) of this rule.
3. (3) An annual registration fee of twenty-five dollars ($25) shall accompany each application. Registration fee is not prorated throughout the year nor refunded if denied for any reason.
4. (4) Registration renewal applications shall be submitted within fifteen (15) working days from last valid date of registration. Any applicant who fails to comply with registration renewal requirements shall pay a fifty dollar ($50) late fee in addition to the annual 2 CSR 70-16

registration fee to become eligible for registration renewal.

1. (5) The application for registration shall be submitted to the program on an approved application form in the manner prescribed by the director. The application shall include information about:

   1. (A) Business name and address of certifying agent;
   2. (B) Name and address of certifying agent’s authorized representative;
   3. (C) Listing of organic entities’ names and addresses located within the state of Missouri certified by the certifying agent;

   4. (D) The category of organic entity, whether of production or handling.

      1. 1. If production, total organic acreage or

square footage of land located in the state, and gross sales generated by organic entity.

1. 2. If handling, total gross sales generat-

ed by facilities located in the state.

1. 3. Years organic entity has been certified

by certifying agent. (6) Any certifying agent found to be certifying organic entities located within the state may be assessed a fee up to five hundred dollars ($500) per violation for failure to register with the program. An order assessing the fee shall state the manner of collection, with a notice to a right to an informal hearing.

1. (7) If the state refuses registration to a certifying agent for any reason, the applicant shall be notified by writing of the reasons thereof. An informal hearing shall be granted upon notification of denial when requested by the applicant.

   1. (A) The applicant has the right to appear before the director within thirty (30) days from time of postmark on the written “Denial of Registration” or “Suspension or Revocation of Registration” letter to introduce evidence; either in person or by an agent or attorney at an informal hearing.
   2. (B) If, after such hearing, or if the defendant or the defendant’s agent or attorney fails or refuses to appear, the director determines that the evidence warrants refusal of registration, the director shall proceed as herein provided.
   3. (C) If any applicant is adversely affected by an act, order, or ruling made pursuant to the provisions of this rule, an appeal may be filed according to procedures established by sections 536.050 through 536.160, RSMo Supp. 2002.

AUTHORITY: section 261.110, RSMo Supp. 2002.* Original rule filed Jan. 3, 2003, effective Aug. 30, 2003. *Original authority: 261.110, RSMo 2000, amended 2002.