Ariz. Admin. Code § R3-2-1105 - Application for Grading Service
An application for AZDA grading service may be made by egg producer or a producer dealer with operations located in Arizona.
A. Form of application. Each application for
grading or sampling a specified lot of any product shall include such
information as may be required by the Administrator in regard to the product
and the premises where such product is to be graded or sampled. The applicant
shall designate the employees of the applicant who will authorized to provide
information to the AZDA grader(s) as may be necessary for the performance of
the grading service.
B. Application
for grading service in official plants; approval. Any person desiring to
process and pack products in a plant under grading service must receive
approval of such plant and facilities as an official plant prior to the
rendition of such service. When a signed application for service has been
received, the State supervisor or the supervisor's assistant shall complete a
plant survey pursuant to this Article. An application for grading service shall
be approved when the application has been filed for grading service; a
successful plant survey is completed; and all required facility or equipment
modifications are completed.
C.
Denial of service. An application for grading service may be denied by the
Administrator when:
1. The applicant fails to
meet the requirements of this Article prescribing the conditions under which
the service is made available.
2.
The product is owned by or located on the premises of a person currently denied
the benefits of this Article.
3.
Any individual holding office or a responsible position with or having a
substantial financial interest or share in the applicant is currently denied
the benefits of the Act or was responsible in whole or in part for the current
denial of the benefits of this Article to any person or entity.
4. The Administrator determines that the
application is an attempt on the part of a person currently denied the benefits
of this Article to obtain grading services.
5. The applicant, after an initial survey has
been made in accordance with this Article, fails to bring the grading
facilities and equipment into compliance with this Article within a reasonable
period of time.
6. Notwithstanding
any prior approval whenever, before initiation of service, the applicant fails
to fulfill commitments concerning the initiation of the service.
7. It appears that performing the services
specified in this Article would not be in the best interests of the public
welfare or of the Government.
8. It
appears to the Administrator, in his sole discretion, that prior commitments of
the Department or lack of resources necessitate denial of
service.
D. Debarment. An
applicant may be permanently debarred for the following reasons:
1. The giving or offering, directly or
indirectly, of a bribe, or any money, loan, gift, or anything of value to an
employee of the Department to obtain any benefit or special
treatment;
2. Taking any action
that falsely brings the Department in disrepute or that creates the appearance
of impropriety;
3. Knowingly making
a false or misleading statement of a material fact to the Department;
4. Using any official identification,
grademark, stamp, symbol, label, seal, or identification without authority from
the Department;
5. Forging,
counterfeiting, or falsely simulating any grading certificate, symbol, stamp,
label, seal, or identification authorized pursuant to this Article;
6. Use of an official grademark, certificate,
symbol, stamp, label, seal, or identification without authority;
7. Failure to make an official plant or
product accessible for grading service;
8. Interference with the performance of duty
of an AZDA grader, licensee, contractor, or employee.
9. Failure to pay a Department invoice within
30 days after issuance of the invoice; or
10. Any other violation of any provision of
the statutes, rules and regulations of the Department that threatens the
health, safety, or welfare of the public.
E. Notification. An applicant shall be
promptly notified of the reasons for a denial of service. A written petition
for reconsideration of such denial may be filed by the applicant with the
Administrator if postmarked or delivered within 10 days after the receipt of
notice of the denial. Such petition shall state specifically the errors alleged
to have been made by the Administrator in denying the application. Within 20
days following the receipt of such a petition for reconsideration, the
Administrator shall approve the application or notify the applicant of the
reasons for the denial thereof. Service of notice may be accomplished by
regular mail and/or email.
F.
Withdrawal of application. An application for grading service may be withdrawn
by the applicant at any time before the service is performed, provided that the
applicant pays all expenses incurred by the AZDA in connection with such
application.
Notes
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