La. Admin. Code tit. 7 § XXXIII-121

Current through Register Vol. 50, No. 11, November 20, 2024
Section XXXIII-121 - Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program
A. Any person owning or operating an establishment that is subject to inspection or these rules and regulations may appeal any dispute of any decision made by an inspector in accordance with the procedures set forth in this rule.
B. If the person disputes the methods used by any inspector in the program, such person shall first make his objections known to the inspector.
C. If the person objecting and the inspector cannot resolve the dispute, the person objecting shall immediately notify the area supervisor of the dispute and the basis for the dispute.
D. If the dispute cannot be resolved by conference with the area supervisor, the person objecting shall then notify the department's program manager of the meat and poultry inspection program within three business days after the conference. Such notification may be verbal but shall be confirmed in writing within three days after the verbal notification.
E. If the person objecting and the program manager cannot resolve the dispute the person objecting may petition the commissioner, in writing, for a resolution of the dispute within three business days after the program manger makes his decision.
F. The commissioner may appoint a designee who does not work in the meat and poultry inspection program meditate the dispute. If the mediation is unsuccessful or the commissioner determines that a public hearing is necessary to resolve the dispute then the commissioner may set a public hearing to resolve the dispute. Any public hearing shall be conducted in accordance with the Administrative Procedure Act.
G. No license shall be suspended or revoked from any establishment without a full hearing on the matter in accordance with R.S. 3:4233 and the Administrative Procedure Act.

La. Admin. Code tit. 7, § XXXIII-121

Promulgated by the Department of Agriculture, Office of Management and Finance, LR 6:711 (December 1980), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 32:1014 (June 2006).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4232.