[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR352.6]

[Page 379-380]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 352_EXOTIC ANIMALS AND HORSES; VOLUNTARY INSPECTION--
Table of Contents
 
                        Subpart A_Exotic Animals
 
Sec. 352.6  Denial or withdrawal of inspection service.

    (a) For miscellaneous reasons. An application or a request for 
service may be rejected, or the benefits of the service may be otherwise 
denied to, or withdrawn from, any person, without a hearing by the 
appropriate Regional Director: (1) for administrative reasons such as 
the nonavailability of personnel to perform the service; (2) for the 
failure of payment for service; (3) in case the application or request 
relates to exotic animals or exotic animal products which are not 
eligible for service under this part; (4) for failure to maintain the 
designated area or the plant in a state of repair approved by the 
Service; (5) for the use of operating procedures which are not in 
accordance with the regulations of this part; (6) for alterations of 
buildings, facilities, or equipment which cannot be approved under the 
regulations in this part. Notice of such rejection, denial, or 
withdrawal, and the reasons therefore, shall promptly be given to the 
person involved. The applicant or recipient shall be notified of such 
decision to reject an application or request for service or to deny or 
withdraw the benefits of the service, and the reasons therefor, in 
writing in the manner prescribed in Sec. 1.147(b) of the rules of 
practice (7 CFR 1.147(b)), or orally. Such decision shall be effective 
upon such oral or written notification, whichever is earlier, to the 
applicant or recipient. If such notification is oral, the person making 
such decision shall confirm such decision, and the reasons therefor, in 
writing, as promptly as circumstances permit, and such written 
confirmation shall be served upon the applicant or recipient in the 
manner prescribed in Sec. 1.147(b) of the rules of practice (7 CFR 
1.147(b)).
    (b) For disciplinary reasons--Basis for denial or withdrawal. An 
application or request for service may be denied, or the benefits of the 
service may be withdrawn from, any person or entity who, or whose 
officer, employee or agent in the scope of his employment or agency: (1) 
Has willfully made any misrepresentation or has committed any other 
fraudulent or deceptive practice in connection with any application or 
request for service under this part; (2) has given or attempted to give, 
as a loan or for any other purpose, any money, favor or other thing of 
value, to any employee or agent of the Department or a cooperating State 
authorized to perform any function under this part; (3) has interfered 
with or obstructed, or attempted to interfere with or to obstruct, any 
employee or agent of the Department or cooperating State in the 
performance of his or her duties under this part by intimidation, 
threats, assaults, abuse, or any other improper means; (4) has knowingly 
represented that any exotic animal carcass, or exotic animal product, 
has been officially inspected and passed by an authorized inspector 
under this part, when it had not, in fact, been so inspected; (5) has 
been convicted of more than one misdemeanor under any law based upon the 
acquiring, handling, or distributing of adulterated, mislabeled, or 
deceptively packaged good, or fraud in connection with transactions in 
food, or any felony; Provided, an application or a request for service 
made in the name of a person or entity otherwise eligible for service 
under the regulations may be denied, or the benefits of the service may 
be withdrawn, from such a person or entity in case the service is or 
would be performed at a location operated by a person or entity, from 
whom the benefits of the service are currently being denied or have been 
withdrawn under this part; or by a person or entity having an officer, 
director, partner, manager or substantial investor from whom the 
benefits of service under this part are currently being denied or have 
been withdrawn under this part, and who has any authority with respect 
to the location where service is or would be performed; or in case the 
service is or would be performed with respect to any exotic animal or 
exotic animal product in which any person or entity, from whom the 
benefits of service are currently being denied or have been withdrawn 
under this part, has contract or other financial interest.
    (c) Procedure. (1) An application or request for service may be 
denied or benefits of the service may be withdrawn by the Secretary, as 
provided by paragraph (b) of this section, after notice and opportunity 
for hearing before a

[[Page 380]]

designated official of the Department. The Administrator may suspend 
service under this paragraph without hearing, pending final 
determination of the matter, when he determines that the public health, 
interest or safety so requires. The applicant or recipient shall be 
notified of the Administrator's decision to suspend service, and the 
reasons therefor, in writing or orally. The Administrator's decision to 
suspend service under this part shall be effective upon such an oral or 
written notification, whichever is earlier, to the applicant or 
recipient. If such notification is oral, the Administrator shall confirm 
such decision, and the reasons therefor, in writing, as promptly as 
circumstances permit, and such written confirmation shall be served upon 
the applicant or recipient in the manner prescribed in 1.147(b) of 
Departmental rules of practice (7 CFR 1.147(b)).
    (2) The written notification specified in paragraph (c) of this 
section, which shall constitute the complaint in the proceeding, shall 
briefly set forth the reason for the denial or withdrawal of service, 
including allegations of fact which constitute a basis for the action. 
After the complaint is served upon the respondent, as provided in Sec. 
1.147(b) of Departmental rules of practice (7 CFR 1.147(b)), the 
proceeding shall thereafter be conducted in accordance with rules of 
practice which shall be adopted for the proceeding.

[50 FR 41847, Oct. 16, 1985, as amended at 54 FR 1331, Jan. 13, 1989]