Suspension of Grading Service or Plant Approval for Correctable Cause

R3-2-1109. Suspension of Grading Service or Plant Approval for Correctable Cause A. Provision of grading services is a privilege and not a right. Any plant approval of grading services given pursuant to this Article may be suspended by the Administrator for: 1. Failure to maintain grading facilities and equipment in a satisfactory state of repair, sanitation, or cleanliness. 2. The use of operating procedures which are not in accordance with this Article; 3. Alterations of grading facilities or equipment which have not been approved in accordance with this Article; or Ser- 4. Any reasons listed under R3-2-1105(D) “Denial of vice,” or required by any other need to protect public health, safety, or welfare. B. Suspension may occur prior to the right to have a hearing in cases in which immediate suspension is required to protect public health, safety, or welfare. Whenever it is feasible to do so, written notice in advance of such suspension of plant approval shall be given to the person concerned and shall specify a reasonable period of time in which corrective action must be taken. If advance written notice is not given, the action shall be promptly confirmed in writing after the suspension and the reasons therefor shall be stated, except in instances where the person has already corrected the deficiency. During such period of suspension, grading service shall not be rendered. After appropriate corrective action is taken, grading service will be restored immediately, or as soon thereafter as a grader can be made available. C. If the grading facilities or methods of operation are not brought into compliance within a reasonable period of time as specified by the Administrator, the Administrator shall send formal notice of the suspension pursuant to A.R.S. Title 41, 25-4 Page 49 3 A.A.C. 2 Arizona CHAPTER 2. DEPARTMENT OF Chapter 6, Article 10. Any suspension shall continue in effect pending the outcome of a hearing unless otherwise ordered by the Administrator. D. Upon suspension of grading service, all grademarks (labels, seals, tags, or packaging material bearing other official identification), shall, under the supervision of a person designated by the AZDA, be destroyed, obliterated, or sequestered in a manner acceptable to the AZDA. Sec- E. In any case where grading service is suspended under this tion, the person concerned may thereafter apply for grading service once the conditions giving rise to the suspension or withdrawal have been remediated. Historical Note Section R3-2-1109 recodified from R3-2-109 (Supp. 97- 1). Section expired under A.R.S. § 41-1056(E) at 8 Sec- A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). tion made by final exempt rulemaking at 26 A.A.R. 916, with an immediate effective date of April 9, 2020 (Supp. 20-2).