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§ 29.93 7 CFR Ch.

I (1–1–18 Edition)

§ 29.93 When appeal may be refused. § 29.98 Appeal findings.

If it shall appear that the reasons Immediately after an appeal has been
stated in an appeal are frivolous or un- heard and the tobacco involved therein
substantial or that the act or this sub- has been reexamined, an appeal certifi-
part have not been complied with, the cate shall be issued or an appeal sam-
appeal may be denied or dismissed. ple prepared by the appeal inspector.
When an appeal is denied or dismissed, Such certificate or sample shall show
the appeal inspector shall (a) notify the the finding of the appeal inspector and
appellant by telegraph or in writing shall be labeled ‘‘Appeal Certificate’’ or
giving the reason for such denial or dis- ‘‘Appeal Sample’’, as the case may be,
missal; (b) mail a copy of such notifica- over the signature of the appeal inspec-
tion to the Division; and (c) return or tor. An appeal certificate or sample
release to the appellant, or other per- shall supersede all other certificates or
son designated by him, any certificate samples for the same lot of tobacco and
or sample which was filed with the ap- shall refer specifically to the certifi-
peal. All expenses incurred in connec- cate or sample from which the appeal
tion with an appeal prior to its refusal was made. In all other respects the pro-
or dismissal shall be paid by the appel-
visions of this subpart relative to cer-
lant, as provided in § 29.126.
tificates or samples shall apply to an
§ 29.94 When appeal may be with- appeal certificate or sample. The find-
drawn. ings of the appeal inspector as certifi-
An appeal may be withdrawn by the cated shall be final, unless the Director
appellant at any time before an appeal shall direct a review of such findings.
certificate is issued or an appeal sam-
§ 29.99 Superseded certificate or sam-
ple is prepared, upon the payment of ple.
any expenses incurred in connection
with the appeal as provided in § 29.126. When superseded under this subpart
by an appeal certificate or an appeal
§ 29.95 Review or second inspection sample, such superseded certificate or
not an appeal. sample shall become null and void and
A review or investigation made in ac- shall not thereafter be used to rep-
cordance with § 29.132, or a second in- resent the tobacco described therein. If
spection, sampling, or weighing made the original and the copies of the old
upon the request of an interested party certificate were not delivered to the
for the purpose of securing new or later appeal inspector for cancellation, the
information when the correctness of an appeal inspector shall notify such per-
old certificate or sample is not ques- sons or firms as he may consider nec-
tioned, shall not be considered an ap- essary to prevent fraudulent use of any
peal. such null and void certificate.

§ 29.96 Order in which made. INSPECTORS, SAMPLERS, AND WEIGHERS

Appeals shall be heard and passed
upon, so far as practicable, in the order § 29.106 Who may be employed, li-
censed, or authorized.
in which they are filed.
Any persons who is not financially
§ 29.97 Who shall pass upon appeals. interested directly or indirectly in
Appeals shall be passed upon by an merchandising tobacco, except as a
appeal inspector designated for the grower or except in disposing of to-
purpose by the Director. When author- bacco previously acquired, and who has
ized, by the Director, two or more ap- demonstrated his competency may be
peal inspectors may jointly pass upon employed, licensed, or authorized to in-
an appeal. The Division may authorize spect, sample, or weigh tobacco. Li-
an inspector, supervising inspector, or censes issued by the Secretary shall be
other person to act as an appeal inspec- countersigned by a supervising official
tor, but no appeal inspector shall pass of the Division. Licenses to inspect or
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upon an appeal involving the correct- to sample shall specify the type or
ness of a certificate issued or sample types of tobacco which the licensee is
prepared by him. authorized to inspect or sample.


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