§ 35-23-112 — Appeal of inspection - rules

An interested party who is
dissatisfied with a classification of grades of any fruits, vegetables, or other
agricultural products made as the result of inspection under this article 23, within
such time after the inspection and in such manner as shall be prescribed by the
commissioner of agriculture, may appeal to the commissioner, and the
commissioner shall adopt rules governing the time and manner of such appeal.
Upon such appeal to the commissioner, the commissioner shall cause such
investigation to be made and such tests to be applied as the commissioner 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, the
commissioner shall fix and assess, and collect or cause to be collected, the
established fee for an original inspection for each appeal, which fee must 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 supersedes the original
inspection certificate.

Legislative History

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. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 112, � 69, effective August 6.