Or. Admin. Code § 603-052-0280 - Inspection and Control Procedures

(1) In order to determine whether the provisions of OAR 603-052-0275 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such section, the Department may, by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of section (2) of this rule.

(2) The only approved method for removal and destruction of host plants or host trees is as follows:

(a) Digging out of the trees or plants and their complete root structures; or

(b) Cutting down the trees or plants and thereafter treating the remaining stump and root systems thereof with an effective chemical to prevent their regrowth or resprouting.

(3) If within five days after the issuance of the order described in section (1) of this rule it is determined that said order has not been complied with, such failure to comply shall be deemed to be a violation of ORS 570.410 and so subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

Notes

Or. Admin. Code § 603-052-0280

AD 818(6-66), f. 4-12-66, ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 1106(27-76), f. & ef. 9-15-76

Stat. Auth.: ORS 561 & ORS 570

Stats. Implemented: ORS 561.190, ORS 561.510 - ORS 561.600, ORS 570.305, ORS 570.405 & ORS 570.410 - ORS 570.415