[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301.48-8]

[Page 32-33]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                         Subpart_Japanese Beetle
 
Sec. 301.48-8  Compliance agreements and cancellation.

    (a) Any person engaged in the business of moving regulated articles 
may enter into a compliance agreement to facilitate the movement of such 
articles under this subpart. Any person who enters into a compliance 
agreement, and employees or agents of that person, must allow an 
inspector access to all records regarding treatment of aircraft and to 
all areas where loading, unloading, and treatment of aircraft occurs.
    (b) A compliance agreement may be canceled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the

[[Page 33]]

cancellation and the reasons for the cancellation will be confirmed in 
writing within 20 days of oral notification. Any person whose compliance 
agreement has been canceled may appeal the decision, in writing, to the 
Administrator within 10 days after receiving written notification of the 
cancellation. The appeal must state all of the facts and reasons upon 
which the person relies to show that the compliance agreement was 
wrongfully canceled. A hearing will be held to resolve any conflict as 
to any material fact. The Administrator shall adopt rules of practice 
for the hearing. An appeal shall be granted or denied, in writing, as 
promptly as circumstances allow, and the reasons for the decision shall 
be stated. The compliance agreement will remain canceled pending the 
decision on the appeal.

[61 FR 32641, June 25, 1996]