Current through Register Vol. 30, No. 38, September 20, 2024
A. Appeal grading.
An appeal grading may be requested by any recipient or authorized designee or
other interested party ("appellant") who is dissatisfied with the determination
by a grader of the class, quality, quantity, or condition of any product as
evidenced by the AZDA grademark and accompanying label, or as stated on a
grading certificate.
1. The appeal shall be
filed with the original grader's immediate supervisor.
2. Initial review of the appeal shall be made
by the original grader's immediate supervisor, or by one or more licensed
graders assigned by the immediate supervisor to review the appeal.
2. An appeal may be made orally or in
writing. If made orally, written confirmation is required. The appellant shall
clearly state the reasons for requesting the appeal grading and a description
of the product, or the decision which is questioned. If such appeal request is
based on the results stated on an official certificate, the original and all
available copies of the certificate shall be provided to the grader assigned to
perform the appeal grading.
3. The
appellant's request for the appeal grading may be refused when it appears to
the reviewer that the reasons given in the request are frivolous or not
substantial, the quality or condition of the product has undergone a material
change since the original grading, the original lot has changed in some manner,
or the appellant has not materially complied with the requirements of this
Article. In such case, the appellant shall be promptly notified of the reason
or reasons for such refusal.
4. If
an appeal grading is granted, it shall be performed by a grader other than the
original grader. Whenever practical, an appeal grading shall be conducted
jointly by two independent graders.
5. The following procedures shall be used for
appeal grading:
a. The appeal sample shall
consist of product taken from the original sample container plus an equal
number of samples selected at random.
b. When the original samples are not
available or have been altered, such as the removal of undergrades, the appeal
sample size for the lot shall consist of double the samples required in
R3-2-1102.
c. Eggs shall not have been moved from the
original place of grading and must have been maintained under adequate
refrigeration.
6.
Immediately after an appeal grading is completed, an appeal certificate shall
be issued to show that the original grading was upheld, modified, or rejected.
Such certificate shall supersede any previously issued certificate for the
product involved and shall clearly identify the number and date of the
superseded certificate. The issuance of the appeal certificate may be withheld
until any previously issued certificate and all copies have been returned when
such action is deemed necessary to protect the interest of the Department. When
the appeal grader assigns a different grade to the lot, the existing AZDA
grademark shall be changed or obliterated as necessary. When the appeal grader
assigns a different class or quantity designation to the lot, the labeling
shall be corrected.
B.
Appeal for suspension, termination or denial of service or debarment. Any
person whose grading service is suspended, terminated, denied service, or
debarred, may request a hearing before an administrative law judge pursuant to
A.R.S. Title 41, Chapter 6, Article 10. The decision of the administrative law
judge is subject to review by the Director as provided by A.R.S. Title 41,
Chapter 6, Article 10.
