1. A. The State Department of Agriculture is authorized to promulgate rules, including, but not limited to:

   1. 1. Quarantining this state, or any portion thereof;
   2. 2. Governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas, when the Department determines that such action is necessary, or reasonably appears necessary, to prevent, eradicate, or retard the spread of boll weevils; and
   3. 3. Governing the movement of regulated articles from any other state or portion thereof into this state when such state is known to be infested with boll weevils. Before quarantining any area, the Department shall hold a public hearing, at which any interested party may appear and be heard either in person or by attorney. Provided however, the Department may promulgate rules, imposing a temporary quarantine for a period not to exceed sixty (60) days, during which time a public hearing, as herein provided, shall be held if it appears that a quarantine for more than sixty (60) days will be necessary to prevent, eradicate, or retard the spread of boll weevils.

2. B.

   1. 1. The Department shall promulgate rules establishing a reasonable schedule of administrative penalties for violations of the Boll Weevil Eradication Act.
   2. 2. Any rules promulgated pursuant to the Boll Weevil Eradication Act shall be promulgated in accordance with the Administrative Procedures Act.

Added by Laws 1993, HB 1198, c. 198, § 17, eff. September 1, 1993; Amended by Laws 2000, HB 2567, c. 231, § 6, emerg. eff. May 24, 2000 (superseded document available).