§ 33-0715 — Advisory committees

§ 33-0715. Advisory committees.\n 1. The commissioner on his own motion, may at any time refer matters\nconcerning registration of pesticides or the suspension or cancellation\nof such registration, to an advisory committee. Each advisory committee\nshall be composed of experts, qualified in the subject matter and of\nadequately diversified professional background selected by the\ndepartment and shall include one or more representatives from the state\ncollege of agriculture. The committee shall not have more than seven\nmembers. Advisory committee members shall not receive a salary or other\ncompensation, but shall be reimbursed for their necessary traveling and\nsubsistence expenses while serving away from their places of residence.\nAll costs may be assessed against the petitioner, unless the matter was\nreferred to the advisory committee upon the motion of the commissioner\nwithout a petition. The commissioner shall furnish the committee with\nadequate clerical and other assistance, and shall by rules and\nregulations prescribe the procedures to be followed by the committee.\n 2. Whenever the applicant or registrant requests an advisory committee\nhearing or the commissioner determines that a matter should be referred\nto an advisory committee, the commissioner shall submit the application\nfor registration of the article and all relevant data before him to the\ncommittee forthwith. The petitioner, as well as representatives of the\ndepartment shall have the right to consult with the advisory committee.\nAs soon as practicable after any such submission, but not later than\nsixty days, the committee shall, after independent study of the data\nsubmitted by the commissioner and all other pertinent information\navailable to it, submit a report and recommendation to the commissioner\nas to the registration of the article, together with all underlying data\nand a statement of the reasons or basis for the recommendations. After\ndue consideration of the views of the committee and all other data\nbefore him the commissioner shall, within ninety days after receipt of\nthe report and recommendations of the advisory committee, make his\ndetermination and issue an order, with findings of fact, with respect to\nregistration of the article and notify the applicant for registration or\nregistrant of his decision. The applicant for registration, or\nregistrant, may file objections and request a public hearing within\nsixty days from the date of the commissioner's order made after\nreceiving the report and recommendations of the advisory committee.\n