Colorado § 35-23-112 - Appeal of inspection - rules.

§ 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.

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.