Section 40. Procedures for acceptance of SEOs' corresponding programs into the Virginia Horse Breeder Incentive Program (VHBIP)

A. Initial application. The SEO must submit its proposed qualifying private breeder incentive program to the department at least three months prior to the beginning of the fiscal year for which acceptance is requested. The SEO will be notified of acceptance or rejection within 30 days of receipt. The proposed qualifying private breeder incentive program must include:

1. Documentation of the organization's qualifications as a SEO according to the requirements specified by 2VAC5-220-30.

2. A copy of its proposed qualifying private breeder incentive program, including all particulars regarding administrative and reporting capabilities and responsibilities, nomination procedure, fee schedule, type of event (where applicable), and participation and financial distribution estimates.

B. Subsequent applications.

1. Unless a written protest of the sponsoring organization's status as an SEO is lodged with the department at least six months prior to the beginning of the fiscal year for which participation is requested, its status as an SEO shall be continued.

2. Each year for which participation is requested, the accredited SEO must submit a copy of its proposed qualifying private breeder incentive program, including the information required in subdivision A2 of this section. This proposed qualifying private breeder incentive program must be submitted at least three months prior to the beginning of the fiscal year for which participation is requested.

C. Recourse and review procedures. SEOs' which have properly filed necessary requests for inclusion in the program, but which are subsequently rejected on the basis of private program structure or failure to meet Virginia Department of Agriculture and Consumer Services' (VDACS) requirements, may appeal for review of its original request to the Commissioner of Agriculture and Consumer Services. During review proceedings, the petitioning SEO must provide evidence supporting its original request. The commissioner shall either recommend inclusion in the program or let the original VDACS ruling stand.

Historical Notes

Derived from VR115-01-03 § 4, eff. February 17, 1988.

Statutory Authority

§ 3.2-106 of the Code of Virginia.