80-7-108. Nursery stock inspection -- fees. (1) The department:
     (a) may enter the premises of a licensed firm, nursery, plant dealer, or small plant vendor during regular business hours for the purpose of inspecting nursery stock or other materials for possible plant pests or for determining licensure compliance; and
     (b) shall, pursuant to rules promulgated by the department, determine the schedule, the need for inspections based on complaints received and the department's assessment of risk to the state from potential plant pests, and the expected amount of time for the inspections.
     (2) A firm, nursery, plant dealer, or small plant vendor may request the inspection of nursery stock, plants, or other materials by giving the department 5 days' notice prior to the time when the nursery stock, plants, or other materials are ready for inspection. The firm, nursery, plant dealer, or small plant vendor shall pay a fee to the department for an inspection conducted pursuant to this section. The fee must cover the actual costs of inspection, surveys, and other services performed by the department and may not be less than $42 per hour or more than $50 per hour as established by department rule.
     (3) The department may issue a plant inspection certificate based on the results of a nursery stock or other plant inspection or inspection survey.

     History: En. Sec. 3, Ch. 551, L. 1993; amd. Sec. 3, Ch. 384, L. 2007; amd. Sec. 3, Ch. 384, L. 2009; amd. Sec. 2, Ch. 341, L. 2011.