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CHAPTER 1506, DAMAGE BY ELK; COMPENSATION

DEPARTMENT OF AGRICULTURE

Table of Parts
Part Title
1506.0010 AUTHORITY.
1506.0015 DEFINITIONS.
1506.0020 REPORTING.
1506.0025 INVESTIGATION AND CROP VALUATION.
1506.0030 COMPLETION AND SIGNING OF CLAIM FORM.
1506.0035 INSURANCE COVERAGE.
1506.0040 PAYMENT.

1506.0010 AUTHORITY.

Parts 1506.0010 to 1506.0040 are prescribed under Minnesota Statutes, section 3.7371, by the commissioner of agriculture to implement procedures to compensate agricultural crop owners for crops that are damaged or destroyed by elk. The procedures in parts 1506.0010 to 1506.0040 are in addition to those in Minnesota Statutes, section 3.7371.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0015 DEFINITIONS.

Subpart 1.

Applicability.

The definitions in this part apply to parts 1506.0010 to 1506.0040.

Subp. 2.

Claim form.

"Claim form" means a form provided by the commissioner, to be completed by the crop owner and the county extension agent or federal crop adjuster, containing information upon which payment for a loss must be based.

Subp. 3.

Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

Subp. 4.

Crop owner.

"Crop owner" means an individual, firm, corporation, copartnership, or association with an interest in crops damaged or destroyed by elk.

Subp. 5.

County extension agent.

"County extension agent" means the University of Minnesota Agricultural Extension Service's county extension agent for the county in which the crop owner resides.

Subp. 6.

Federal crop adjuster.

"Federal crop adjuster" means a crop insurance adjuster having a contract with the Federal Crop Insurance Corporation.

Subp. 7.

Market price.

"Market price" means the commodity price published daily by the Minneapolis Grain Exchange in the daily record of prices and receipts.

Subp. 8.

Target price.

"Target price" means the federal commodity price available from the Agricultural Stabilization and Conservation Service office.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0020 REPORTING.

The crop owner shall notify either the federal crop adjuster or the county extension agent of suspected crop loss or damage within 24 hours of the discovery of a loss. The crop owner shall also complete the appropriate part of the claim form which must be available at the county extension office. The crop owner shall provide all information required to investigate the loss or damage to the federal crop adjuster or the county extension agent. A telephone call or personal contact constitutes notification.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0025 INVESTIGATION AND CROP VALUATION.

Subpart 1.

Whether damaged by elk.

The federal crop adjuster or the county extension agent shall investigate the loss in a timely manner and shall make a finding in writing on the appropriate part of the claim form regarding whether the crop was destroyed or damaged by elk. The finding must be based on physical and circumstantial evidence including:

A.

the condition of the crop;

B.

elk tracks;

C.

the area of the state where the loss occurred;

D.

sightings of elk in the area; and

E.

any other circumstances considered pertinent by the federal crop adjuster or the county extension agent.

The absence of affirmative evidence may be grounds for denial of a claim.

Subp. 2.

Extent of damage.

The federal crop adjuster or the county extension agent shall make a written finding on the claim form of the extent of damage or the amount of crop destroyed. The crop owner may choose to have the federal crop adjuster or county extension agent use the method in item A or B to complete the claim form and determine the amount of crop loss.

A.

To submit the claim form at the time the suspected elk damage is discovered, the federal crop adjuster or county extension agent must determine the potential yield, per acre, for the field and record this information on the form in the column labeled "normal yield" and the average yield, per acre, expected from the damaged acres and record this information on the form in the column labeled "average yield expected from damaged acres."

B.

To submit the claim form at the time the crop is harvested:

(1)

the crop owner shall report the loss to the federal crop adjuster or county extension agent within 24 hours of discovery, and the loss must be investigated by the federal crop adjuster or county extension agent in a timely manner;

(2)

the crop owner and federal crop adjuster or county extension agent shall complete the claim form at the time of the investigation, entering the percent of crop loss from damage in the column labeled "normal yield" and leaving the column labeled "average yield expected from damaged acres" blank; and

(3)

when the crop is harvested the federal crop adjuster or county extension agent shall enter the actual yield of the damaged field in the column labeled "average yield expected from damaged acres," enter the date in the same column, and submit the form to the commissioner.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0030 COMPLETION AND SIGNING OF CLAIM FORM.

A completed claim form must be signed by the owner and county extension agent or the federal crop adjuster and submitted by the crop owner to the commissioner for review and payment. The commissioner shall return an incomplete claim form to the crop owner, indicating the information necessary for proper completion.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0035 INSURANCE COVERAGE.

If insurance coverage exists on the crop, the commissioner shall withhold payment under parts 1506.0010 to 1506.0040 until the insurance claim has been paid and evidence of payment has been submitted to the commissioner, at which time that insurance payment must be deducted from the determined value. Payment must not be made for claims of less than $100 per claim or more than $20,000 in a calendar year.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

1506.0040 PAYMENT.

After procedures in parts 1506.0020 to 1506.0035 are completed, the commissioner shall make payment to the crop owners.

Statutory Authority:

MS s 3.7371

History:

12 SR 2215

Published Electronically:

May 1, 1997

Official Publication of the State of Minnesota
Revisor of Statutes