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This entry was published on 2014-09-22
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SECTION 33-0715
Advisory committees
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 7
§ 33-0715. Advisory committees.

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.