HAR §4-41-21. Appeal inspection

(a) An application for appeal inspection by the applicant or other person financially interested in the agricultural commodity may be filed with the inspection office nearest to where the product is located whenever such applicant or person is dissatisfied with the determination stated in the original certificate. The application shall state the reasons for dissatisfaction and may be accompanied by a copy of any previous inspection certificate or inspection report or any other information which the applicant shall have received regarding the quality and condition of the product at the time of the original inspection. The application may be made in writing or orally. (b) A record showing the date and time of filing of the application shall be made by the receiving office. (c) An application for appeal inspection may be denied for any of the following conditions: (1) Reason stated for an appeal inspection is frivolous or unsubstantial; (2) Quality or condition of the product has undergone a material change since the original inspection; (3) Inaccessibility of all parts of the lot for a thorough examination; or (4) Noncompliance with this chapter. (d) Inspections requested to determine factors of quality or condition which may have undergone material change since the original inspection shall not be considered appeal inspections. Second inspections requested for the purpose of securing an up-to-date certificate, but where the applicant does not question the correctness of the original certificate covering the lot in question, shall not be considered an appeal inspection. (e) Appeal inspections shall as far as practicable be made in the order in which the applications are filed and take precedence over all other pending applications. (f) All appeal inspections shall be performed by at least two inspectors. (g) Immediately after an appeal inspection has been made, a certificate designated as "Appeal inspection certificate" shall be signed and issued, referring specifically to the original certificate and §4-41- 41-17 stating the quality and condition of the product resulting from the appeal inspection. In all other respects, the provisions of section 4-41-20 shall apply to appeal inspection certificates, except if the applicant for an appeal inspection is not the original applicant, a copy of the appeal inspection certificate shall be mailed to the original applicant. An appeal inspection certificate which differs from the original as to grade nullifies the original. [Eff 5/29/81; comp 8/18/83; am and comp 3/24/86] (Auth: HRS §147-8) (Imp: HRS §147-8)