Section 312IAC18-3-2. Control of pests or pathogens newly introduced or not widely established in Indiana

   (a) This section establishes standards for the control of pests or pathogens which are newly introduced or not widely established in Indiana.

  (b) The division director may implement the following procedures if the division discovers a pest or pathogen which is newly introduced or not widely established in Indiana:

(1) The area surrounding the initial discovery of the pest or pathogen shall be surveyed or monitored by the division to confirm that the pest or pathogen is present. Transporting equipment, utensils, elements of beekeeping, and other items which might harbor the pest or pathogen shall be examined.

(2) To eradicate the pest or pathogen, the division director may, under IC 14-24-4-3, order the owner of infested property to destroy, refrain from selling, immobilize, or otherwise treat any plants, plant parts, or elements of beekeeping. A written order issued under this subdivision is effective when served. A person who is aggrieved by the order may request administrative review under IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary relief from the order under IC 4-21.5-4. Unless otherwise agreed by the parties, a hearing on temporary relief must be conducted within five (5) days of receipt of the hearing request in the county where the infested plants are located.

(3) If an action under subdivision (2) is not performed as ordered, the division director may take necessary action and incur the expenses required to satisfy the directive contained in the written order. Expenses incurred by the department under this subdivision shall be certified to the auditor of the county where the site is located. The auditor shall place the assessment on the tax duplicates of the county, and the assessment shall be collected as state and county taxes are collected and paid over to the department.

(4) If nursery stock, plants, plant parts, a pest or pathogen, elements of beekeeping or associated packaging, shipping products, or other personal property has been sold or transported from the site, the owner or proprietor shall provide the division with the names and addresses of the persons who received the property. The persons who received the property are subject to the requirements of this section.

(5) Surveying or monitoring shall continue by the division for two (2) consecutive growing seasons or until the biological threat is eliminated. If a pest or pathogen persists, the director may declare an infested area, and the division director shall implement any quarantine appropriate under 312 IAC 18-2.

(Natural Resources Commission; 312 IAC 18-3-2; filed Nov 22, 1996, 3:00 p.m.: 20 IR 943; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; readopted filed Jul 17, 2014, 3:48 p.m.: 20140813-IR-312140105RFA)