(a) The department's determination regarding a request for exemption will be based upon whether the completed application and other satisfactory documentation establish that payment of the assessment penalty would impose an undue financial burden upon the grower.
(b) In addition to the general financial condition of the grower, factors which may be considered by the department in determining whether the assessment penalty would impose an undue financial burden include:
  (1) adverse health conditions supported by a physician;
  (2) a natural or physical disaster resulting in at least 30% crop loss not covered by insurance;
  (3) a biological disaster such as severe insect or disease infestation not controllable by currently available pesticides or pest management strategies;
  (4) a financial disaster such as theft or fire; or
  (5) any other extraordinary circumstances.
(c) Any factors which the grower wishes the department to consider must be supported by satisfactory documentation. The department may request additional information or documentation as necessary prior to making a determination.

Source Note: The provisions of this §3.77 adopted to be effective May 19, 1998, 23 TexReg 4902.