25 Neb. Admin. Code, ch. 13, § 011

011 Agreements for Compliance with Quarantines (Other than European Corn Borer Quarantines) Maintained in Other States. 011.01 Inspection of plants, plant products, associated materials, facilities, or equipment, the issuance of compliance agreements and the fees associated with the compliance of plant pest quarantines (other than European corn borer quarantines) of other states are authorized in Neb. Rev. Stat. §§2-1091 and 2-10,110 of the Act. 011.01A The Department may enter into compliance agreements with any person or facility in order to meet the certification requirements of the receiving state. A compliance agreement shall be valid for one year unless revoked sooner. 011.01B The Department shall conduct phytosanitary inspections upon initial request to enter into a compliance agreement, to determine if the certification requirements of the receiving state can be met. After initial issuance of a compliance agreement, periodic phytosanitary inspections shall be conducted, to confirm the requirements of the compliance agreement continue to be met. 011.01C When conducting phytosanitary inspections, the Department shall be guided by the certification requirements of the destination states. The Department shall notify firms under compliance agreement if a destination state’s quarantine requirements change. 011.01D An applicant shall submit a completed application provided by the Department, accompanied by the appropriate fee. Any fee more than one month late shall have an additional fee of 25% of the total fees due assessed for each month the fees are late, not to exceed 100% of the original amount due. 011.01D(1) An annual compliance agreement fee of $50 per compliance agreement shall be assessed and is due upon application or renewal. 011.01D(2) The Department shall assess fees to cover the costs of compliance agreement phytosanitary inspection work, including mileage and inspection time. 011.01D(2)(a) Mileage charge - $0.42 per mile. 011.01D(2)(b) Inspection Time - $24.00 per hour. 011.01D(2)(c) Inspection time shall include driving time to and from the location in addition time spent conducting the compliance agreement phytosanitary inspection work. 011.01D(3) Any fee charged to the Department by a laboratory for diagnostic services or any shipping costs related to compliance agreement phytosanitary inspection work shall be paid by the applicant. 011.01E The Department may refuse the issuance of, or revoke, a compliance agreement for any of the following reasons: 011.01E(1) Failure of the plants or plant products to meet quarantine requirements or regulations, or other phytosanitary measures imposed by the state for which the compliance agreement is being requested. 011.01E(2) Failure to completely or accurately provide to the Department the information requested on the application form, or other required written documentation and information as needed in order to determine if the product meets the entry requirements of the receiving state. 011.01E(3) Failure to follow the terms of the compliance agreement. This includes not shipping the exact plants or plant products which were certified under the compliance agreement. 011.01E(4) Failure to pay any fees or costs due the Department.