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2008 Rule Change, rule 9-9-4...
Rule 9-9-4 No player shall use a kicking tee in violation of Rule 1-3-4.
Rule 1-3-4 simply states that the tee can only elevate the lowest point of the ball no more than 2 inches above the ground.
Since the tee is not being used to elevate the ball, it's not being used in accordance to the rules, and should not be out on the field.
But I think the intent of those rules is to put an end to using tees improperly, but not for the case at hand. So...
Rule 1-1-6 A referee has authority to rule promptly, and in the spirit of good sportsmanship, on any situation not specifically covered in the rules.
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