§ 868.23 Dismissal of request for inspection service.

(a) Conditions for dismissal—(1) General. A cooperator or the Service shall dismiss requests for inspection service when: (i) Performing the requested service is not practicable or possible. (ii) The cooperator or the Service lacks authority under the Act or regulations to provide the inspection service requested or is unable to comply with the Act, regulations, standards, or instructions. (iii) Sufficient information is not available to make an accurate determination. (2) Original inspection service. A request for original inspection service shall be dismissed if an original inspection has already been performed and circumstances do not prevent a retest inspection, appeal inspection, or Board appeal inspection from being performed on the same lot. (3) Retest inspection service. A request for a retest inspection service shall be dismissed by official personnel when: (i) The factor requested was not tested during the original inspection; (ii) The condition of the commodity has undergone a material change; (iii) A representative file sample is not available; (iv) The applicant requests that a new sample be obtained; (v) The request is for a graded commodity; or (vi) The reasons for the retest inspection are frivolous. (4) Appeal inspection service. A request for an appeal inspection service shall be dismissed by official personnel when: (i) The scope is different from the scope of the original inspection service; (ii) The condition of the commodity has undergone a material change; (iii) The request specifies a file sample and a representative file sample is not available; (iv) The applicant requests that a new sample be obtained and a new sample cannot be obtained; or (v) The reasons for the appeal inspection are frivolous. (5) Board appeal inspection service. A request for a Board appeal inspection service shall be dismissed by official personnel when: (i) The scope is different from the scope of the original inspection service; (ii) The condition of the commodity has undergone a material change; (iii) A representative file sample is not available; (iv) The applicant requests that a new sample be obtained; or (v) The reasons for the Board appeal inspection are frivolous. (b) Procedure for dismissal. The cooperator or the Service shall notify the applicant of the proposed dismissal of service. If correctable, the applicant will be afforded reasonable time to take. corrective action or to demonstrate there is no basis for the dismissal. If corrective action has not been adequate, the applicant will be notified of the decision to dismiss the request for service, and any results of service shall not be released.