sued as a result of a new inspection shall not supersede any inspection certificate previously issued. An application for a new inspection shall not be restricted to the scope of any previous inspection and the applicant may request any or all of the inspection services provided for by the regulations in this part with the privilege of appeal inspection. [34 F.R. 5710, Mar. 27, 1969] GENERAL PROVISIONS FOR INSPECTION AND APPEAL INSPECTION § 68.30 Authority of applicant. Proof of the authority of the person applying for any inspection service may be required in the discretion of the offcial to whom application for inspection is made. $ 68.31 Advance information. Upon the request of an applicant for inspection, all or any part of the contents of an inspection certificate issued to such applicant may be telegraphed or telephoned to him at his expense. § 68.32 Accessibility of records. In the case of inspection for origin, the records indicating the origin of the commodity to be inspected shall be made accessible for examination and verification by an inspector. § 68.33 Manner of sampling, examinations, analyses, etc. All samplings, examinations, analyses, and tests shall be made in accordance with instructions and procedures prescribed or approved by the Director. § 68.34 Conditions upon which inspection service furnished. Service under the regulations in this part will be furnished only if the applicant therefor has complied with all relevant provisions of the acts and the regulations in this part prescribing the conditions upon which such service is made available, and until the applicant does so comply such service will be refused by the official to whom, or the official in charge of the office at which, application for service is made. § 68.35 Denial or withdrawal of inspec tion service. (a) A denial or disciplinary withdrawal of inspection services may be made because of (1) any willful misrepresentation or deceptive or fraudulent practice made or committed by any per son in connection with the making or filing of an application for inspection service; (2) any fraudulent or unauthorized use, alteration, or imitation of any certificate issued pursuant to the regulations; (3) any interference with or obstruction of any inspector or official sampler in the performance of his duties, by intimidation, threat, assault or any other improper means; or (4) any willful violation of the regulations. (b) A conditional withdrawal of inspection services may be made for a correctable cause such as (1) failure to pay bills for inspection services, (2) insanitary plant conditions, or (3) plant conditions which would subject the inspector to unusual hazard or discomfort. (c) The rules of practice governing denial or withdrawal of inspection and grading services (Part 50 of this chapter) shall be followed in the denial or withdrawal of service. [34 F.R. 5710, Mar. 27, 1969] AUTHORIZED INSPECTORS § 68.36 Who may be authorized. Any employee of the Department who has demonstrated that he possesses a thorough knowledge of a commodity and the standards, and instructions and procedures under which it is inspected may be authorized by the Administrator to inspect such commodity. [34 F.R. 5710, Mar. 27, 1969] LICENSED INSPECTORS AND SAMPLERS § 68.37 tors. Who may be licensed as inspec Any person who is employed under the terms of a cooperative agreement, who possesses proper qualifications, as determined by the Director, and who has no interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing any commodities of the kind to be inspected by him or related products, may be licensed by the Secretary to inspect such commodities. Each license which is issued by the Secretary shall be countersigned by the Director. Each person who applies for a license as an inspector shall if so required by the Director, be examined for the purpose of determining his competency. Such examination shall be held at such time and place and in such manner as may be prescribed by the Director. license which is issued to samplers by the Secretary shall be countersigned by the supervising inspector under whose direction the licensee draws samples of commodities. § 68.39 Sampling procedure. Upon request of any inspector, a licensed sampler shall draw a sample or samples from a designated lot or lots of commodities in accordance with methods prescribed by the Director. Such sampler shall forward all samples of commodities thus drawn to a designated office of inspection in accordance with the instructions of a supervising inspector, and shall furnish, with each sample, the information which the supervising inspector may request. § 68.40 Samples to be identified. Each sample shall be accompanied by a sampling report signed by the licensed sampler, giving the identity, quantity, and location of the commodity sampled, the name and address of the applicant for inspection, and such other information regarding the lot of the commodity sampled as may be required by the supervising inspector. § 68.41 Suspension or revocation of li censes. (a) The license of any inspector or sampler licensed under the regulations may be suspended or revoked if the licensee, (1) through wilfulness, carelessness or incompetence fails to perform his duties in accordance with the regulations, and instructions and procedures prescribed by the Director; (2) becomes incapable of properly performing such duties; or (3) engages in any of the activities specified in § 68.35 or § 68.52. (b) In cases of wilfulness, or those in which the public health, interest, or safety so requires, the license of any licensed inspector or sampler may be summarily suspended by the Director with out hearing, pending investigation, but the licensee shall be advised of the facts or conduct which appear to warrant suspension or revocator of his license and shall be accorded an opportunity for a hearing before a proper official in the Department, before the license is finally suspended or revoked. In all other cases, prior to the institution of proceedings for the suspension or revocation of a license, the Director shall cause to be served upon the licensee, in person or by registered mail, a statement of the facts which appear to warrant such suspension or revocation, specifying a reasonable time, depending upon the circumstances in each case, within which the licensee may demonstrate or achieve compliance with the acts, the regulations and instructions and procedures prescribed by the Director. The licensee may demonstrate compliance by the presentation of evidence in writing or, in the discretion of the Director, at an oral hearing. At the end of the time allowed for the licensee to demonstrate or achieve compliance, if the Director finds he is in compliance, proceedings for the suspension or revocation of his license shall not be instituted, but if the Director finds the licensee is not in compliance, he may institute such proceedings and, after service upon the licensee, in person or by registered mail, of a notice that suspension or revocation of his license is under consideration for reasons set out in the statement previously served upon him, and after opportunity for hearing before a proper official in the Department, the license may be suspended or revoked. FEES AND CHARGES FOR CERTAIN FEDERAL INSPECTION SERVICES § 68.42a Fees and charges for certain Federal inspection services. The following fees and charges apply to the Federal inspection services specified below: 345 Service Continued (2) Other than field (In addition to the fee for (b) Sample inspection: (1) Field run (quality and dockage analysis) per lot___ (2) Other than field run (grade, class, and quality) per sample.__ Fee or charge run $7.00 9.40 7.00 Checkloading-per man-hour__ Checkweighing-per man-hour_. 14. 60 14. 60 Condition examination-per manhour Contract service: The Director may enter into contracts with applicants to perform continuous inspection services or other types of services in accordance with the regulations in this part and requirements that may be prescribed in the contract. Charges for the inspection services provided in the contract shall reimburse the Grain Division for the full cost of rendering such inspection services including administrative overhead expenses. Demonstration grading-per request Extra copies of certificates-per copy Grade factor analysis (as defined in any official U.S. Standards) per factor_. (30) Consistency (uncooked) 3.60 (72) Moisture distillation_ 5.40 Standby time per man-hour--- 1 The applicable grading or laboratory analysis or testing charge. Minimum fee, if any, 14.60. 2 Applicable sampling charge, if any, plus applicable grading, or laboratory analysis or testing fee. 3 Only one fee will be charged for these services whether performing singly or concurrently. (But see minimum fee requirement.) 4 Plus all travel costs associated with the performance of the demonstration grading service. [40 FR 47101, Oct. 8, 1975] § 68.42b Fees and charges for the Inspection of Agricultural and Vegetable Seeds. Fees and charges for the inspection of agricultural and vegetable seeds shall be at the rate of $13.20 per hour. (a) Fees for Testing. (1) Charges based on increments of 15 minutes or any part thereof, with (2) Minimum fee, $6.60. (3) Maximum fee for each kind shall not exceed the fees for the time per test indicated in the following table (except that no maximum fee is applicable for special or especially difficult tests such as bioassay tests, pathology index, 400-seed separations for kind and variety, mottled seed counts of sweetclover, noxious-weed seed examinations for annual bluegrass in Kentucky bluegrass, quackgrass in wheat-grasses, or tests of certain kinds 14.60 |