La. Admin. Code tit. 7 § XXXIII-127

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXIII-127 - Appeals from Decisions of the Cooperative Federal/State Meat and Poultry Inspection Program

A. Any person, firm, association or corporation which is subject to any of the inspection procedures and/or requirements contained in the federal meat and poultry inspection regulations, USDA Handbook 191, or these rules and regulations may appeal any decision made thereunder in accordance with the procedures set forth in this rule.

B. If the person, firm, association or corporation disagrees with the methods used by any inspector in the program, such person, firm, association or corporation shall first make his objections known to the inspector.

C. If the differences cannot be resolved by this informal method, the person, firm, association or corporation objecting shall immediately notify the area supervisor of the objections and the basis therefor.

D. If the differences cannot be resolved by conference with the area supervisor, the person, firm, association or corporation objecting shall then notify the state office of the meat and poultry inspection program. Such notification may be verbal but shall be confirmed in writing within three days after the verbal notification.

E. If the difference cannot be resolved by this method, the person, firm, association or corporation may petition the commissioner of agriculture, in writing, for a full public hearing on the matter.

F. The commissioner of agriculture shall call a public hearing on the matter within 15 days of the date of receipt of such petition, which hearing shall be conducted within 30 days of the date on which the call is issued.

G. No permit shall be permanently removed from any establishment without a full hearing on the matter. Whenever, for any reason, the commissioner of agriculture contemplates the permanent withdrawal of a permit for inspection services, he shall call a public hearing on the matter.

H. Notice shall be given to the affected person, firm, association or corporation, as required by the Administrative Procedure Act, setting forth the following:

1. a statement of the time, place and nature of the hearing;

2. a statement of the legal authority and jurisdiction under which the hearing is to be held;

3. a reference to the particular Sections of the statutes and rules involved; and

4. a short and plain statement of the matters asserted.

I. Such notice of public hearing shall be mailed by certified mail, return receipt requested, at least 15 days prior to the date on which the hearing is scheduled to be held.

J. At any hearing called under this rule, the affected party(ies) shall have the right to counsel of his (their) own choosing and shall be afforded the opportunity:

1. to respond;

2. to present evidence on all issues of fact involved;

3. to present argument on all issues of law and policy involved;

4. to conduct such cross-examination as may be required for a true and full disclosure of the facts; and

5. to examine any evidence entered into the record.

K. All hearings called under this rule shall be conducted by the commissioner of agriculture or his designated hearing officer.

L. Any determination made as a result of such hearing shall be rendered in writing and shall be made available to all affected parties.

M. Any determination made at any hearing held in accordance with this rule shall be final and shall be binding upon the party(ies) notified as provided herein, whether or not such party(ies) appear at said hearing.

N. Whenever a settlement cannot be reached by the procedures set forth herein, the commissioner of agriculture and/or the affected party(ies) may appeal to a court of competent jurisdiction as provided by law, provided that all such matters shall be lodged in the parish in which the Department of Agriculture is domiciled.

La. Admin. Code tit. 7, § XXXIII-127

Promulgated by the Department of Agriculture, Office of Management and Finance, LR 6:711 (December 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2276 and R.S. 40:2300.