Section 33-0715. Advisory committees  


Latest version.
  • 1.  The  commissioner on his own motion, may at any time refer matters
      concerning registration of pesticides or the suspension or  cancellation
      of  such registration, to an advisory committee. Each advisory committee
      shall be composed of experts, qualified in the  subject  matter  and  of
      adequately   diversified   professional   background   selected  by  the
      department and shall include one or more representatives from the  state
      college  of  agriculture.  The  committee shall not have more than seven
      members. Advisory committee members shall not receive a salary or  other
      compensation,  but shall be reimbursed for their necessary traveling and
      subsistence expenses while serving away from their places of  residence.
      All  costs may be assessed against the petitioner, unless the matter was
      referred to the advisory committee upon the motion of  the  commissioner
      without  a  petition.  The commissioner shall furnish the committee with
      adequate  clerical  and  other  assistance,  and  shall  by  rules   and
      regulations prescribe the procedures to be followed by the committee.
        2. Whenever the applicant or registrant requests an advisory committee
      hearing  or the commissioner determines that a matter should be referred
      to an advisory committee, the commissioner shall submit the  application
      for  registration of the article and all relevant data before him to the
      committee forthwith. The petitioner, as well as representatives  of  the
      department  shall have the right to consult with the advisory committee.
      As soon as practicable after any such submission,  but  not  later  than
      sixty  days,  the  committee  shall, after independent study of the data
      submitted by  the  commissioner  and  all  other  pertinent  information
      available  to it, submit a report and recommendation to the commissioner
      as to the registration of the article, together with all underlying data
      and a statement of the reasons or basis for the  recommendations.  After
      due  consideration  of  the  views  of  the committee and all other data
      before him the commissioner shall, within ninety days after  receipt  of
      the  report  and  recommendations  of  the  advisory committee, make his
      determination and issue an order, with findings of fact, with respect to
      registration of the article and notify the applicant for registration or
      registrant  of  his  decision.  The  applicant  for   registration,   or
      registrant,  may  file  objections  and  request a public hearing within
      sixty days  from  the  date  of  the  commissioner's  order  made  after
      receiving the report and recommendations of the advisory committee.