Repealed Date: 12/31/2015


Published: 2015

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(a) Violations. In addition to any other violations that may arise under the act or this subchapter, the following are violations.   (1) It is a violation for any person to falsify an application for foundation grove designation.   (2) It is a violation for any person to falsify records required by this subchapter.   (3) It is a violation to sell or offer to sell or to distribute citrus budwood falsely claiming that it is certified or that it comes from a foundation grove, or the increase block, or to sell or offer citrus trees for sale falsely claiming that they originated from certified budwood or that they came from a designated foundation grove, or the increase block.   (4) It is a violation to use citrus budwood that is neither certified nor from a designated foundation grove to propagate citrus nursery trees for commercial use.   (5) It is a violation to fail to maintain or provide records for inspection.   (6) It is a violation to fail to comply with any order issued or rule adopted by the department under this subchapter. (b) Penalties.   (1) A stop-sale order may be issued if a person offers citrus budwood for sale falsely claiming that it is certified, or offers citrus trees for sale falsely claiming that they originate from certified budwood.   (2) Any violation under this subchapter is subject to an administrative penalty as provided in the Texas Agriculture Code, §12.020. Penalty calculations shall be made using a penalty matrix developed by the department and published in the Texas Register.   (3) Foundation grove status, citrus budwood certification, or citrus nursery tree certification may be revoked by the department if it is determined that a violation of these rules has occurred or if procedures prescribed by the department are not implemented.   (4) If the department proposes to revoke foundation grove status, citrus budwood certification, or citrus nursery tree certification under this subchapter, the owner is entitled to a hearing under the Texas Agriculture Code, §12.0202, and the proceedings shall be conducted as provided for contested cases by the Texas Administrative Procedures Act, the Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Procedures).

Source Note: The provisions of this §21.39 adopted to be effective November 10, 1999, 24 TexReg 9828; amended to be effective September 13, 2009, 34 TexReg 6103