R68-11-7. Exemptions

(1) The Emerald Ash Borer, Agilus planipennis, in any stage of development, is not exempt from this rule under any circumstances. (2) Upon written request, the Commissioner may exempt a regulated article from an individual state, county, or province. (3) An applicant for an exemption shall submit a written request to the department that shall: (a) certify that Emerald Ash Borer is not known to be present in their jurisdiction; (b) provide documents outlining their Emerald Ash Borer monitoring program; (c) agree to provide their Emerald Ash Borer trapping data to the department, including: (i) how the trapping survey was carried out; (ii) the number and location of traps; (iii) results of the trapping survey; and (iv) history of the Emerald Ash Borer trapping survey; (d) certify that they will notify the department of any Emerald Ash Borer detections within their jurisdiction within 48 hours; and (e) provide written justification explaining why regulated articles from their state, county, or province present a low risk for Emerald Ash Borer introduction into Utah. (4) The department shall: (a) maintain a current and publicly available list of exempt states, counties, and provinces; (b) respond in writing within ten business days of the request for exemption; and (c) issue an exemption that is valid for a 12-month period. (5) The department may at any time revoke an exemption due to a change in the risk assessment and shall notify the jurisdiction, in writing, identifying the reason for the revocation.