3-449.04. Appeals from inspections

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards adopted pursuant to this article, the owner or agent may request that the supervisor or the supervisor's designee, other than the inspector, review the testing procedures used by the inspector. When reviewing the procedures, the supervisor or designee shall consider the accuracy of the test instruments, the inspection methods, including the sample size, the defect determination, the percentage of the defective product and any other relevant information.

B. The supervisor or designee shall conduct the review within eight hours of the request.

C. If the supervisor or designee determines that the inspector used improper testing procedures, a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.

D. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus, fruit and vegetable revolving fund.

3-449.04. Appeals from inspections

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards adopted pursuant to this article, the owner or agent may request that the supervisor or the supervisor's designee, other than the inspector, review the testing procedures used by the inspector. When reviewing the procedures, the supervisor or designee shall consider the accuracy of the test instruments, the inspection methods, including the sample size, the defect determination, the percentage of the defective product and any other relevant information.

B. The supervisor or designee shall conduct the review within eight hours of the request.

C. If the supervisor or designee determines that the inspector used improper testing procedures, a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.

D. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus, fruit and vegetable revolving fund.