Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS
Section 25-13-013 - Assessment of Administrative Fines
Universal Citation: 25 NE Admin Rules and Regs ch 13 ยง 013
Current through September 17, 2024
If any person fails to comply with the Act and the regulations adopted and promulgated pursuant to the Act, the Department may impose an administrative fine pursuant to Neb. Rev. Stat. § 2-10,103.02 and this section.
013.01 In addition to the definitions set forth in 25 NAC 13-001, the following shall apply to this section:
013.01A LEVEL OF VIOLATION
shall mean the alleged violation is a first or subsequent violation.
013.01B FIRST VIOLATION shall mean the
alleged violator has not been found by an order of the Director or any court,
or by the violator's own admission in a settlement agreement, to have committed
a violation of the Act or these regulations in the three years immediately
preceding the date of the alleged violation.
013.01C SUBSEQUENT VIOLATION shall mean the
alleged violator has committed the same violation of the Act or these
regulations one or more times within the three years immediately preceding the
date of committing the current alleged violation as determined by an order of
the Director or any court, or the alleged violator has entered into a
settlement agreement admitting to the facts establishing the previous
violation.
013.01D BASE FINE shall
mean the amount of the administrative fine set by regulation for a particular
violation of the Act or these regulations prior to any adjustments for gravity
or size of the operation.
013.02 When it is determined that an administrative fine is an appropriate penalty for a violation of the Act or these regulations, the actual amount of such administrative fine shall be calculated by determining the base fine and making the necessary adjustments for gravity and the size of business as set forth in this section. An alleged violator shall be subject to the assessment of a fine for each violation, but may not be fined for any lesser included violations arising out of the same act, if the alleged violator has been fined for the greater violation. The Department may, however, issue any fine at the statutory maximum for any egregious violation. The base fines established for the specific violations are as follows:
013.02A Distributing nursery
stock without a nursery stock distributor license or receiving nursery stock
for further distribution from any person who has not been duly licensed or
approved under the Act.
013.02A(1) Base fine
for a first violation is $600.
013.02A(2) Base fine for a subsequent
violation is $1,000.
013.02B Using any license issued by the
Department after it has been revoked or expired, while the licensee was under
suspension or for purposes other than those authorized by the Act.
013.02B(1) Base fine for a first violation is
$600.
013.02B(2) Base fine for a
subsequent violation is $1,000.
013.02C Fraudulently using any certificate,
license or similar document issued by the Department, falsifying information
provided on an application or other document submitted to the Department or
allowing a license to be used by any person other than the person to whom it
was issued.
013.02C(1) Base fine for a first
violation is $600.
013.02C(2) Base
fine for a subsequent violation is $1,000.
013.02D Moving any regulated article into the
state from a quarantined area or area identified by the Department in a
harmonization plan of any other state when such article has not been treated or
handled as provided by the requirements of the quarantine or harmonization
plan.
013.02D(1) Base fine for a first
violation is $600.
013.02D(2) Base
fine for a subsequent violation is $1,000.
013.02E Distributing nursery stock which has
been withdrawn from distribution.
013.02E(1)
Base fine for a first violation is $600.
013.02E(2) Base fine for a subsequent
violation is $1,000.
013.02F Distributing nursery stock that is
not free from quarantined or other regulated plant pests.
013.02F(1) Base fine for a first violation is
$600.
013.02F(2) Base fine for a
subsequent violation is $1,000.
013.02G Planting seed potatoes in violation
of 25 NAC 13015.03 or distributing biological control agents or genetically
engineered plant organisms without a permit, if a permit is required by the
Act.
013.02G(1) Base fine for a first
violation is $600.
013.02G(2) Base
fine for a subsequent violation is $1,000.
013.02H Offers any hindrance or resistance to
the department in the carrying out of the Act, including, but not limited to,
denying or concealing information or denying access to any property relevant to
the proper enforcement of the Act.
013.02H(1)
Base fine for a first violation is $600
013.02H(2) Base fine for a subsequent
violation is $1,000.
013.02I Failing to comply with an order of
the Director or violating an agreement with the Department entered pursuant to
the Act.
013.02I(1) Base fine for a first
violation is $600.
013.02I(2) Base
fine for a subsequent violation is $1,000.
013.02J Failing to maintain a complete and
accurate list with the Department of all sources from which nursery stock is
obtained.
013.02J(1) Base fine for a first
violation is $400.
013.02J(2) Base
fine for a subsequent violation is $800.
013.02K Failing to comply with a
withdrawal-from-distribution order.
013.02K(1) Base fine for a first violation is
$400.
013.02K(2) Base fine for a
subsequent violation is $800.
013.02L Distributing nursery stock not
labeled correctly.
013.02L(1) Base fine for a
first violation is $400.
013.02L(2) Base fine for a subsequent
violation is $800.
013.02M Failing to pay all fees required by
the Act or the rules and regulations promulgated pursuant to the Act.
013.02M(1) Base fine for a first violation is
$400.
013.02M(2) Base fine for a
subsequent violation is $800.
013.02N Distributing nursery stock that is
not sound, healthy, and reasonably capable of growth.
013.02N(1) Base fine for a first violation is
$400.
013.02N(2) Base fine for a
subsequent violation is $800.
013.02O Failing to keep and make available
for examination by the Department all books, papers, and other information
necessary for the enforcement of the Act.
013.02O(1) Base fine for a first violation is
$400.
013.02O(2) Base fine for a
subsequent violation is $800.
013.02P Failing to maintain nursery stock in
a manner accessible to the Department.
013.02P(1) Base fine for a first violation is
$400.
013.02P(2) Base fine for a
subsequent violation is $800.
013.02Q Failing to post a nursery stock
distributor's license in a conspicuous place at the distribution location.
013.02Q(1) Base fine for a first violation is
$120.
013.02Q(2) Base fine for a
subsequent violation is $400.
013.02R Failing to report to the Department
in writing the amount and type of plants treated or destroyed under the
requirements of a withdrawal-from-distribution order or other compliance
requirement of a withdrawal-from-distribution order.
013.02R(1) Base fine for a first violation is
$120.
013.02R(2) Base fine for a
subsequent violation is $400.
013.02S Distributing nursery stock that is
not stored or displayed under conditions which maintain its vigor according to
the standards set forth in 25 NAC
13-006.
013.02S(1) Base fine for a first violation is
$120.
013.02S(2) Base fine for a
subsequent violation is $400.
013.02T Distributing nursery stock containing
actively growing weeds.
013.02T(1) Base fine
for a first violation is $120.
013.02T(2) Base fine for a subsequent
violation is $400.
013.02U Failing to delineate sections of
nursery stock with sign markers.
013.02U(1)
Base fine for a first violation is $120.
013.02U(2) Base fine for a subsequent
violation is $400.
013.02V Violating any other provision of the
Act or the rules and regulations promulgated pursuant to the Act.
013.02V(1) Base fine for a first violation is
$120.
013.02V(2) Base fine for a
subsequent violation is $400.
013.03 Gravity adjustment criteria
The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts:
013.03A Gravity of harm.
| Violation | Circumstances | Value |
| Department's Ability to Enforce the Act | ||
| Violation significantly interfered with Department's ability to enforce the Act | 5 | |
| Violation moderately interfered with Department's ability to enforce the Act | 3 | |
| Violation slightly interfered with Department's ability to enforce the Act | 1 | |
| Violation did not interfere with Department's ability to enforce the Act | 0 | |
| Harm to Plant Industry | ||
| Actual harm which is both serious and widespread to plant industry. | 5 | |
| Actual harm which is either serious or widespread to plant industry. | 4 | |
| Potential serious or widespread harm to plant industry. | 3 | |
| Minor actual harm to plant industry. | 2 | |
| Minor potential harm to plant industry. | 1 | |
| No potential harm to plant industry. | 0 | |
| Extent of Distributor's Violations | ||
| Violations so widespread and pervasive the quality of all plants controlled by the distributor is affected | 5 | |
| Numerous and widespread violations greatly affecting the quality of distributor's operation | 4 | |
| Moderately widespread violations moderately affecting the quality of the distributor's operation | 3 | |
| Less widespread violations, slightly affecting the quality of the distributor's operation | 2 | |
| Only a few minor violations, not affecting the quality of the distributor's operation | 1 | |
| No violations affecting the quality of the distributor's operation | 0 |
013.03B Gravity of misconduct. For the
purposes of this subsection prior violation means a violation which was
committed within the last three years.
| Violation | Circumstances | Value |
| Compliance History | ||
| Two or more prior violations, either similar or unrelated to current violation | 3 | |
| One prior violation similar to current violation | 2 | |
| One prior violation unrelated to current violation | 1 | |
| No prior violations | 0 | |
| Culpability | ||
| Knowing or willful violation. | 5 | |
| Violation resulting from faulty, careless, or negligent action | 3 | |
| Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action | 0 | |
| Failure to Take Remedial Efforts | ||
| Violator failed to cooperate with Department's investigation; and additionally, failed to notify the Department of the violation and failed to take reasonable and timely steps to correct the violation | 3 | |
| Violator cooperated after the Department discovered the violation but failed to notify the Department of the violation and failed to take reasonable and timely steps to correct the violation | 2 | |
| Violator cooperated after the Department discovered the violation but either failed to notify the Department of the violation or failed to take reasonable and timely steps to correct the violation | 1 | |
| Financial Gain | ||
| Violation has or would have resulted in financial gain for violator. | 3 | |
| No financial gain to violator as a result of violation | 0 |
013.03C To determine the adjusted fine, the
base fine shall be adjusted based on the total number of points calculated from
25 NAC 13
013.03A and
013.03B and
multiplying the base fine by the gravity adjustment percentage of base value
set forth below.
Adjustments for Gravity
| Total Gravity Value | Adjustment |
| 3 or below | 25% of base value |
| 4-6 | 50% of base value |
| 7-10 | 75% of base value |
| 11 or above | 100% of base value |
013.04 To determine the actual administrative fine, the adjusted fine as determined in 25 NAC 013.03C shall be multiplied by the appropriate value corresponding with the size of size of business criteria set forth below. In determining the amount of any fine, there shall be a rebuttal presumption that the gross revenue of any violator is over $600,000.
Size of Business Criteria
| Gross Revenue | Multiplier Value |
| $ 0-25,000 | 0.2 |
| $25, 001-100,000 | 0.4 |
| $100, 001-250,000 | 0.6 |
| $250, 001-500,000 | 0.8 |
| over $500,001 | 1.0 |
013.05 Nothing in these regulations shall prevent the Department from entering into a settlement agreement with any person violating the Act or these regulations which specifies a different fine or other compliance action.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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