1. (1) All growers in the elimination areas are required to destroy cotton stalks in every field location planted to cotton on or before December 31 of each year. Such cotton stalk destruction shall consist of shredding or disking to the extent of eliminating standing cotton stalks.
2. (2) In fields with cotton stalks left standing after December 31, the Commissioner shall have authority to hire the destruction of standing stalks and assess the grower for actual costs of such destruction. Failure to pay an assessment for crop destruction shall result in a late payment penalty of $5.00 per acre.

3. (3) Any grower who cannot destroy cotton stalks before December 31 due to emergency or hardship conditions may apply for a waiver. Any grower seeking a waiver shall make application in writing to the Commissioner stating the conditions under which he requests such a waiver. The decision of whether or not to waive this requirement shall be made by the Commissioner and notification given to the grower within two weeks after receipt of such application. The Commissioner shall base his decision on the following:

   1. (a) Meteorological conditions,
   2. (b) Economic conditions,
   3. (c) Any other uncontrollable destructive forces.

Authority: T.C.A. §§43-6-406 and 43-6-409. Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed May 16, 2001; effective September 28, 2001.