Haw. Code R. § 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 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.