3-738. Appeal inspections

A. A person who is dissatisfied with the quality, grade, weight or condition assignment made by an inspector on a lot of shell eggs or egg products, which is evidenced by an egg inspection certificate, or with an inspector's decision relating to the sale of shell eggs or egg products may request an appeal inspection or a review of a decision.

B. A request for an appeal inspection or review of a decision shall be made in writing to the supervisor and shall clearly state the reason for requesting the inspection or review. An oral request may be made if a written request immediately follows the oral request.

C. The supervisor may refuse an appeal inspection or a review of a decision if:

1. It appears that the reasons given for the request are frivolous or are not substantial.

2. The product has been moved from the place of the original inspection.

3. The request is made more than forty-eight hours after the original inspection was made.

4. The product has not been maintained under proper temperature.

5. The original lot size has changed, been tampered with or altered in any way.

D. Appeal inspections shall be performed by an inspector other than the inspector that originally inspected the product. Whenever practical, an appeal inspection shall be conducted jointly by two inspectors. Samples for the appeal inspection shall consist of the samples originally inspected plus an equal number of new samples.

E. Immediately after an appeal inspection is completed, an appeal certificate shall be prepared to show that the original inspection was sustained or was not sustained. This certificate supersedes any previously issued certificate for the product inspected and shall clearly identify the number and date of the superseded certificate. If the appeal request was made orally, the appeal certificate shall be withheld until the written request is received.