Any interested party, who is dissatisfied with any classification of grades of any fruits, vegetables, or other agricultural products made as the result of inspection under this article, within such time after the inspection and in such manner as shall be prescribed by the commissioner, may appeal to the commissioner, and the commissioner is directed to promulgate rules and regulations governing the time and manner of such appeal. Upon such appeal to him being regularly taken, the commissioner shall cause such investigation to be made and such tests to be applied as he may deem necessary to determine the true grade or classification in the particular case in question and shall issue a finding determining the true grade or classification in the particular case. Whenever an appeal to the commissioner is taken, he shall fix and assess, and collect or cause to be collected, the established fee for an original inspection for each such appeal, which shall be uniform and which shall be refunded to the person paying the same, if the findings of the commissioner on appeal are to the effect that the grade or classification as determined and certified on the original inspection was erroneous and a new or different grade or classification is determined by the commissioner. Any reinspection certificate issued as the result of an appeal shall supersede the original inspection certificate.
Source: L. 31: p. 374, § 11. CSA: C. 69, § 71. CRS 53: § 7-6-12. C.R.S. 1963: § 7-5-12. L. 71: p. 157, § 8.
Structure Colorado Code
Article 23 - Fruits, Vegetables, and Other Agricultural Products
§ 35-23-101. Legislative Declaration
§ 35-23-102. Responsible Officer
§ 35-23-103. Federal Cooperation
§ 35-23-104. Employees of Inspection Service
§ 35-23-105. Authority to Enter Business Places
§ 35-23-106. Establishment of Regulations and Grades
§ 35-23-107. Appeal to Change Regulations and Grades
§ 35-23-108. Power of Regulation
§ 35-23-109. Engaging in Trade Prohibited
§ 35-23-110. Malfeasance of Inspectors - Penalty
§ 35-23-110. Malfeasance of Inspectors - Penalty
§ 35-23-111. Inspection Made Mandatory
§ 35-23-112. Appeal of Inspection
§ 35-23-113. Issuance of Certificate of Inspection
§ 35-23-114. Inspection Fees - Agricultural Products Inspection Cash Fund