TITLE 3. AGRICULTURE

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

R3-9-102. Elections

A. The AILRC shall elect officers as specified in A.R.S. § 3-526.02(A)(2) during the first quarter of each calendar year.

B. Officers continue in office until the next annual election.

C. An officer may be reelected successively.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

R3-9-103. Hearings and Rehearings

A. The AILRC shall follow the Uniform Administrative Procedure Act, A.R.S. Title 41, Chapter 6, Article 10, for a hearing before the AILRC.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The AILRC shall grant a rehearing or review of a decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

2. There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the AILRC, the administrative law judge, or the prevailing party; or

c. Accident or surprise that could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The AILRC may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

R3-9-104. Annual Report

The AILRC shall prepare a report according to A.R.S. § 3-526.02(A)(5), by October 31 of each year.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

R3-9-105. Records

The AILRC shall retain records required by A.R.S. § 3-526.02(A)(4). A person may review records at the AILRC's office, Monday through Friday, except an Arizona legal holiday, during the hours of 8 a.m. to 5 p.m. Upon request, the AILRC shall provide a copy of the records according to A.R.S. § 39-121 et seq.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

R3-9-106. Grants

A. Grant application process.

1. The AILRC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The AILRC shall post the grant application and manual on the AILRC's web site at least four weeks before the due date of a grant application.

3. The AILRC shall ensure that the grant application manual contains the following items:

a. Grant topics related to AILRC programs specified by A.R.S. § 3-526.02(B) and (C)(5);

b. A statement that the information contained in an application is not confidential;

c. A statement that the AILRC funding source is primarily from per carton assessments on iceberg lettuce grown in Arizona;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the AILRC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the AILRC award;

i. A copy of the AILRC grant solicitation rules; and

j. Any other information necessary for the grant application.

4. The AILRC shall not consider an application received by the AILRC after the due date and time.

B. Criteria. The AILRC shall consider the following when reviewing a grant application and deciding whether to award AILRC funds:

1. The applicant's successful completion of prior research projects,

2. The extent to which the proposed project identifies solutions to current issues facing the iceberg lettuce industry,

3. The extent to which the proposed project addresses future issues facing the iceberg lettuce industry,

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year,

5. The appropriateness of the budget request in achieving the project objectives,

6. The appropriateness of the proposal time-frame to the stated project objectives, and

7. Relevant experience and qualifications of the applicant.

C. Public participation.

1. The AILRC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the AILRC shall discuss and evaluate grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

D. Evaluation of grant applications.

1. The AILRC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The AILRC may modify an applicant's proposed project in awarding funding.

3. The AILRC shall notify an applicant in writing of the AILRC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the AILRC decision. The AILRC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

E. Awards and project monitoring.

1. Before releasing grant funds, the AILRC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the AILRC to monitor the progress of the project by signing a grant award agreement.

2. The AILRC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the AILRC of changes to the awardee's address, telephone number, or other contact information.

4. The AILRC may require an interim written report or oral presentation from the awardee during the pendency of the project.

5. The AILRC shall not award grant funds remaining after the initial payment until the awardee submits to the AILRC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the award.

6. The AILRC shall make research findings and reports resulting from any grant awarded by the AILRC available to Arizona iceberg lettuce producers.

F. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of a written request by the AILRC.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

ARTICLE 2. ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL

R3-9-201. Definitions

In addition to the definitions in A.R.S. § 3-581, the following term applies to this Article:

"Department" means the Arizona Department of Agriculture.

Historical Note

Adopted effective August 28, 1986 (Supp. 86-4). Section R3-9-201 renumbered from R3-13-201 (Supp. 91-4). Amended effective December 22, 1993 (Supp. 93-4). Former Section R3-9-201 renumbered to R3-9-202; new Section R3-9-201 made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4).

R3-9-202. Fees; Grain Assessment and Refund

A. The Arizona Grain Research and Promotion Council shall assess a fee of two cents per hundredweight of grain sold in Arizona as prescribed under A.R.S. § 3-587.

B. The person who pays the fee required under subsection (A) shall ensure that:

1. The grain assessment fee is remitted to the Council; and

2. The following information is provided to the Council on a form obtained from the Department:

a. First buyer's name, address, and telephone number;

b. Report date and months covered by the report;

c. Total amount remitted to the Council for the reporting period;

d. Producer's name, address, and telephone number;

e. Type of grain and tonnage by grain type; and

f. First buyer's or designee's signature.

C. Refund.

1. A producer may request a refund as prescribed under A.R.S. § 3-592 and shall provide the following information to the Council on a form obtained from the Department:

a. Producer's name, address, telephone number, and signature;

b. Name of the first buyer;

c. Amount of grain sold subject to the refund request; and

d. First buyer's or designee's notarized signature confirming the purchase, funds withheld, and date remitted to the Council.

2. An executive committee member shall authorize a refund as prescribed in A.R.S. § 3-592 if the person requesting the refund complies with the requirements of subsection (B)(1).

Historical Note

Section R3-9-202 renumbered from R3-9-201 and amended by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4).

R3-9-203. Hearings

A. The Council shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern any hearing before the Council required under A.R.S. § 3-591.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The Council shall grant a rehearing or review of an administrative law decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

2. There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the Council, the administrative law judge, or the prevailing party; or

c. Accident or surprise which could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The Council may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4).

R3-9-204. Records

The Department shall retain the Council's records as prescribed in A.R.S. § 3-586. A record may be reviewed at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. A copy of a record will be provided according to the provisions of A.R.S. § 39-121 et seq.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4).

R3-9-205. Grants

A. Definitions.

1. "AGRPC" means the Arizona Grain Research and Promotion Council.

2. "Authorized signature" means the signature of an individual authorized to receive funds on behalf of an applicant and responsible for the execution of the applicant's project.

3. "Awardee" means an applicant to whom the AGRPC awards grant funds for a proposed project.

4. "Grant" means an award of financial support to an applicant according to A.R.S. § 3-584(C)(5).

5. "Grant award agreement" means a document advising an applicant of the amount of money awarded following receipt by the AGRPC of the applicant's signed acceptance of the award.

B. Grant application process.

1. The AGRPC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The AGRPC shall post the grant application and manual on the AGRPC's web site at least four weeks before the due date of a grant application.

3. The AGRPC shall ensure that the grant application and manual contain the following items:

a. Grant topics related to AGRPC projects specified in A.R.S. § 3-584(C)(5);

b. A statement that the information contained in a grant application is not confidential;

c. A statement that the AGRPC funding source is primarily from assessments on the seed of barley and wheat of all classes produced in Arizona for use as food, feed, or seed or produced for any industrial or commercial use;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the AGRPC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the AGRPC award;

i. A copy of this Section consisting of grant solicitation procedures and requirements; and

j. Any other information necessary for the grant application.

4. The AGRPC shall not evaluate an application received by the AGRPC after the due date and time.

C. Criteria. The AGRPC shall consider the following when reviewing a grant application and deciding whether to award AGRPC funds:

1. The applicant's successful completion of prior research projects, if applicable;

2. The extent to which the proposed project identifies solutions to current issues facing the grain industry;

3. The extent to which the proposed project addresses future issues facing the grain industry;

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year;

5. The appropriateness of the budget request in achieving the project objectives;

6. The appropriateness of the proposal time-frame to the stated project objectives; and

7. Relevant experience and qualifications of the applicant.

D. Public participation.

1. The AGRPC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the AGRPC shall discuss, evaluate, and make a decision on grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

E. Evaluation of grant applications.

1. The AGRPC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The AGRPC may modify an applicant's proposed project in awarding funding.

3. The AGRPC shall notify an applicant in writing of the AGRPC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the AGRPC decision. The AGRPC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

F. Awards and project monitoring.

1. Before releasing grant funds, the AGRPC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the AGRPC to monitor the progress of the project by signing the grant award agreement.

2. The AGRPC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the AGRPC of changes to the awardee's address, telephone number, or other contact information.

4. The AGRPC may require an interim written report or oral presentation from the awardee during the term of the project.

5. The AGRPC shall not award the grant funds remaining after the initial payment until the awardee submits to the AGRPC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the grant funds.

6. The AGRPC shall make research findings and reports resulting from any grant awarded by the AGRPC available to Arizona grain producers.

G. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of a written request by the AGRPC.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 4684, effective February 3, 2007 (Supp. 06-4).

ARTICLE 3. ARIZONA COTTON RESEARCH AND PROTECTION COUNCIL

R3-9-301. Ginning and Remittance Forms

A. Each September the Arizona Cotton Research and Protection Council shall send the ginning and remittance report forms and a fee schedule to the operator of each gin for which a report was made during the previous year. A gin operator who has not submitted a report in the previous year may obtain the report forms and a fee schedule from the Arizona Cotton Research and Protection Council office.

B. Each gin operator who gins for Arizona producers during the current crop year shall complete the following reports and submit them with the appropriate fees, to the Arizona Cotton Research and Protection Council within the times specified below:

1. On or before February 15 of each year:

a. The name and number of the reporting gin;

b. The business mailing address, telephone number, and county of the reporting gin;

c. The name of the authorized agent for the gin;

d. The crop year;

e. The name and mailing address of each crop producer;

f. The Farm Service Agency (FSA) farm number;

g. An estimate of the number of bales to be ginned by March 15 from cotton grown at or below 2,700 feet elevation; and

h. An estimate of the number of bales to be ginned by March 15 from cotton grown above 2,700 feet elevation;

2. On or before March 15 of each year:

a. The information in subsections (B)(1)(a) through (f),

b. The total number of bales actually ginned and the certification number issued by the Department for meeting the tillage deadline for cotton grown at or below 2,700 feet elevation, and

c. The total number of bales actually ginned from cotton grown above 2,700 feet elevation.

Historical Note

Adopted as an emergency effective September 10, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-5). Emergency expired. Adopted as a permanent rule effective March 7, 1985 (Supp. 85-2). Amended subsection (A) as an emergency effective November 5, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-6). Amended subsection (A) as permanent action effective February 5, 1986 (Supp. 86-1). Amended subsection (A) effective September 24, 1986 (Supp 86-5). Former Section R3-12-201 repealed and a new Section R3-12-201 adopted effective December 2, 1987 (Supp. 87-4). Section 3-9-301 renumbered from R3-12-201 (Supp. 91-4). Section repealed, new Section adopted effective April 4, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 4439, effective November 3, 1999 (Supp. 99-4).

R3-9-302. Non-Bt Cotton Acreage Registration Form

A. Each December the Arizona Cotton Research and Protection Council shall mail the Non-Bt Cotton Acreage Registration Form and a fee schedule to cotton producers who certify cotton acreage with the Farm Service Agency during the year. A producer who did not certify cotton acreage with the Farm Service Agency may obtain the report form and a fee schedule from the Arizona Cotton Research and Protection Council office.

B. Within 30 days after the tillage deadline in R3-4-204 a producer shall complete and submit Non-Bt Cotton Acreage Registration Form to the Arizona Cotton Research and Protection Council. The producer shall provide the following information:

1. The producer name, mailing address, telephone and facsimile number;

2. The Farm Service Agency farm number;

3. The cultural zone;

4. The crop year;

5. The intended non-Bt cotton acreage.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 4741, effective January 1, 2005 (Supp. 04-4).

ARTICLE 4. EXPIRED

Article 4, consisting of Sections R3-9-401 through R3-9-405, formerly the rules for the Arizona Wine Commission expired under A.R.S. § 41-1056(E). The rules are no longer authorized as the Commission was terminated on July 1, 2004, under A.R.S. § 41-3004.18. The statutes under which the Commission operated, A.R.S. §§ 3-551 through 3-557, added by Laws 1993, Ch. 40, § 1, were repealed on January 1, 2005, by A.R.S. § 41-3004.18. Accordingly, under A.R.S. § 41-1011(C), the rules of this agency have been removed from the Code. The rescinded Article is on file in the Office of the Secretary of State (Supp. 05-2).

Article 4, consisting of Sections R3-9-401 through R3-9-405, made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1).

R3-9-401. Expired

Historical Note

New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

R3-9-402. Expired

Historical Note

New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

R3-9-403. Expired

Historical Note

New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

R3-9-404. Expired

Historical Note

New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

R3-9-405. Expired

Historical Note

New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

ARTICLE 5. ARIZONA CITRUS RESEARCH COUNCIL

Article 5, consisting of Sections R3-9-501 through R3-9-505, made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-501. Definitions

"Department" means the Arizona department of agriculture. A.R.S. § 3-468(3).

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-502. Elections

A. The Council shall elect officers during the first quarter of each calendar year.

B. Officers shall continue in office until the next annual election is held.

C. An officer may be successively reelected.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-503. Hearings

A. The Council shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern any hearing before the Council.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The Council shall grant a rehearing or review of an administrative law decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

2. There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the Council, the administrative law judge, or the prevailing party; or

c. Accident or surprise that could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The Council may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-504. Annual Report

The Council shall prepare an annual report as prescribed under A.R.S. § 3-468.02(A)(5), by October 31.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-505. Records

The Department shall retain the Council's records as authorized by A.R.S. § 3-468.02(A)(4). A record may be reviewed at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. A copy of a record shall be provided according to the provisions of A.R.S. § 39-121 et seq.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

R3-9-506. Grants

A. Definitions.

1. "ACRC" means the Arizona Citrus Research Council.

2. "Authorized signature" means the signature of an individual authorized to receive funds on behalf of the applicant and responsible for the execution of the applicant's project.

3. "Awardee" means a successful applicant to whom the ACRC awards grant funds for research on a specific project.

4. "Grant" means an award of financial support to an applicant according to A.R.S. § 3-468.02(B) and (C)(5).

5. "Grant award agreement" means a document advising the applicant of the amount of money awarded following receipt by the ACRC of the applicant's signed acceptance.

B. Grant application process.

1. The ACRC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The ACRC shall post the grant application and manual on the ACRC's web site at least four weeks before the due date of a grant application.

3. The ACRC shall ensure that the grant application manual contains the following items:

a. Grant topics related to ACRC programs specified by A.R.S. § 3-468.02(B) and (C)(5);

b. A statement that the information contained in an application is not confidential;

c. A statement that the ACRC funding source is primarily from per carton assessments on citrus grown in Arizona;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the ACRC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the ACRC award;

i. A copy of the ACRC grant solicitation rules; and

j. Any other information necessary for the grant application.

4. The ACRC shall not consider an application received by the ACRC after the due date and time.

C. Criteria. The ACRC shall consider the following when reviewing a grant application and deciding whether to award ACRC funds:

1. The applicant's successful completion of prior research projects,

2. The extent to which the proposed project identifies solutions to current issues facing the citrus industry,

3. The extent to which the proposed project addresses future issues facing the citrus industry,

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year,

5. The appropriateness of the budget request in achieving the project objectives,

6. The appropriateness of the proposal time-frame to the stated project objectives, and

7. Relevant experience and qualifications of the applicant.

D. Public participation.

1. The ACRC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the ACRC shall discuss and evaluate grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

E. Evaluation of grant applications.

1. The ACRC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The ACRC may modify an applicant's proposed project in awarding funding.

3. The ACRC shall notify an applicant in writing of the ACRC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the ACRC decision. The ACRC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

F. Awards and project monitoring.

1. Before releasing grant funds, the ACRC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the ACRC to monitor the progress of the project by signing a grant award agreement.

2. The ACRC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the ACRC of changes to the awardee's address, telephone number, or other contact information.

4. The ACRC may require an interim written report or oral presentation from the awardee during the pendency of the project.

5. The ACRC shall not award the grant funds remaining after the initial payment until the awardee submits to the ACRC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the award.

6. The ACRC shall make research findings and reports resulting from any grant awarded by the ACRC available to Arizona citrus producers.

G. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of written request by the ACRC.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 176, effective March 11, 2006 (Supp. 06-1).