La. Admin. Code tit. 7 § XI-131

Current through Register Vol. 50, No. 12, December 20, 2024

Section XI-131 - Appeals from Action of the Commission/Department of Agriculture and Forestry

A. Appeals Concerning Method of Taking Samples

1. If the guarantor, or his agent, objects to the manner in which an agricultural inspector takes a sample, the guarantor or his agent shall make his objections known immediately to the inspector.

2. If the guarantor, or his agent, and the agricultural inspector who is taking the sample cannot resolve their differences, the guarantor shall immediately telephone his complaint to the director of Agricultural Chemistry Programs. The guarantor or his agent shall confirm the telephone complaint in writing to the same official.

3. If the difference concerning the manner of taking the sample cannot thus be resolved, the guarantor may place his complaint on the agenda at the next meeting of the commission. Routine procedures for submission and analysis of the sample shall be followed pending the resolution of the differences at such hearing.

B. Appeals Concerning Results of Chemical Analysis

1. When a guarantor, or his agent, disagrees with a finding of deficiency or a calculation of a penalty resulting from a finding of deficiency, he shall register his complaint, in writing, with the director of Agricultural Chemistry Programs within 10 days of the date of the report of chemical analysis.

2. When questions concerning the accuracy of the analysis made by the director of Agricultural Chemistry Program cannot be amicably resolved, the guarantor may place his complaint on the agenda at the next meeting of the commission for a final determination.

3. When a disagreement on a fertilizer deficiency arises, the sample may be analyzed by an independent laboratory agreeable to the commissioner.

C. Appeals Concerning Probationary Status

1. Any guarantor who is placed on probationary status may appeal his probation at any time by submitting to the commission a written statement on the basis of his appeal and a written request for a hearing on the matter. A request for a hearing on appeal from probationary status shall not be delayed but shall be placed on the agenda for the next meeting of the commission following receipt of the request for a hearing.

D. Public Hearing on Cancellation of Registration/Denial of Application for Renewal of Registration

1. The commission shall not cancel a registrant nor deny a renewal of registration without an adjudicatory hearing.

2. When the commission determines that just cause may exist to cancel or deny renewal of registration, the commission shall give written notice to the registrant of intent to conduct adjudicatory hearing on the matter. The notice shall be given at least 15 days prior to the date on which the hearing shall be held and shall contain all of the facts required under R.S. 49:950 et seq. The notice shall be sent by certified mail, return receipt requested, to the registrant at the last address provided by the registrant.

3. An adjudicatory hearing on the cancellation of a registration and/or denial of renewal of a registration shall be conducted in accordance with the requirements of R.S. 49:950 et seq., specifically the rules of evidence set forth in R.S. 49:956. The guarantor shall have the right to counsel of his own choosing at any such public hearing.

4. If a controversy still exists at the conclusion of any such adjudicatory hearing called for cancellation of registration and/or denial of renewal of registration, the guarantor may appeal the matter in accordance with the Administrative Procedure Act, provided that all such matters shall be lodged in the parish in which the commission is domiciled.

La. Admin. Code tit. 7, § XI-131

Promulgated by the Department of Agriculture, Fertilizer Commission, LR 7:164 (April 1981), amended LR 12:497 (August 1986), amended by the Department of Agriculture and Forestry, Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2523 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1382.