Ariz. Admin. Code § 3-2-1105

Current through Register Vol. 30, No. 43, October 25, 2024

Section 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.

Ariz. Admin. Code § R3-2-1105

Section R3-2-1105 recodified from R3-2-105 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.