stamped or printed immediately below the words "heavily loaded car."

(g) The daily record prescribed in §§ 26.40 and 26.41 shall show, with respect to such grain, that the car was "heavily loaded," or shall show the abbreviation "h. l.”

(h) No heavily loaded car certificate shall be issued for any inspection other than the kind described in this section.

(i) Nothing in this section shall prevent any person, otherwise entitled under the act and regulations, from taking an appeal from an inspection and grading of the kind described in this section, if a representative sample or samples be obtainable for the purpose of the appeal; nor shall anything in this section prevent any person, if he so desires, from having an unqualified inspection of the lot or parcel of grain performed by the same or any other licensed inspector, provided the grain be made accessible for sampling in accordance with the requirements of § 26.21.

§ 26.35 Copies of superseded certificates. No licensed inspector shall issue, nor permit to be issued over his signature, any copy of a grain inspection certificate which has been superseded by a Federal appeal grade certificate, without first notifying the district grain supervisor and securing his approval of such issuance.

§ 26.36 Inspection after appeal. In the case of grain which has been inspected and graded by a licensed inspector and regarding which an appeal has been taken to the Secretary, no licensed inspector in the same market shall thereafter issue a certificate of grade for the purpose of the same shipment or transaction without showing satisfactory reasons therefor and securing in advance the approval of the district grain supervisor.

§ 26.37 Inspector not to prevent appeal. No licensed inspector shall, directly or indirectly, by any means whatsoever, deter or prevent, or attempt to deter or prevent, any party from taking an appeal to the Secretary.

§ 26.38 Methods of certification. Certificates of grade issued by licensed inspectors shall conform to the regulations in this part and shall meet the requirements set forth in instructions, pursuant to this section, issued from time to time by the Administrator, or by such officer of the Department as may be designated by him for the purpose.

§ 26.39 Certification of grain in vessels. In the inspection and grading of lots, parcels, and cargoes of grain loaded aboard boats, barges, and other vessels licensed inspectors shall be governed by the following requirements:

(a) If such lot, parcel, or cargo tendered for inspection and grading be uniform in quality and condition, the grade shall be based upon an average sample thereof and certificated accordingly;

(b) If such lot, parcel, or cargo so tendered is not uniform in quality and condition by reason of the presence therein of a material portion of grain of a different grade, the licensed inspector shall consider the portions of such lot, parcel, or cargo which are of different grades as separate lots tendered for inspection, and shall separately inspect, grade, and certificate as to grade such different portions; and each such certificate of grade shall bear a statement to the effect that the grain to which it applies has been loaded on board with other grain, the grade, description, and approximate quantity of which shall be specified.

§ 26.40 Inspector to make records. Each licensed inspector shall keep complete and correct records of all grain inspected and graded by him, which shall be open for inspection and examination by any grain supervisor or by any person designated for the purpose by the Administrator, and which shall contain, separately for each lot or parcel of grain inspected and graded by such licensed inspector, the information required for compliance with § 26.41.

§ 26.41 Record to be made accessible. Each licensed inspector shall, as soon as possible after grading any grain and not later than the close of business on the next following business day, make accessible to the interested parties at the place where his license is posted, a record of each lot or parcel of grain inspected and graded by him, showing (a) the date the grading was performed; (b) the kind and grade of the grain; (c) its location at the time of sampling and its identification by either (1) car initials, car number, and name of carrier or other owner or operator of track, or (2) name or other designation of boat or vessel and hold number or other place of stowage, or (3) name or other designation of elevator or warehouse and of bin or compartment, or (4)

otherwise as the case may require; (d) the name of the person for whom the service was performed, or his agent; and (e) the name of such licensed inspector. Copies of licensed inspectors' grade certificates which contain the required information may be used as the record for compliance with this section. The sample upon which the certificate of grade is based shall, while in the possession or under the control of the licensed inspector or his inspection department, be part of the record of such inspection and as such shall be made accessible to any grain supervisor in the district in which such inspection is made.

§ 26.42 Copies of certificates to be filed with supervisor. Each licensed inspector, as soon as possible after grading any grain and not later than the close of business on the next following business day, shall transmit to the District Headquarters office in the district in which the grain was located at the time of sampling, a true copy of the certificate of grade therefor.

§ 26.43 Supervisor may extend time limit. Upon a showing by a licensed inspector, or in his behalf by his inspection department, of an emergency or other good cause, the grain supervisor in charge of the District Headquarters office may extend the time prescribed for compliance by such licensed inspector with any one or more of the provisions of §§ 26.40, 26.41, and 26.42.

§ 26.44 Suspension, cancellation, and revocation of licenses-(a) Suspension or cancellation upon request. Upon a written request and a satisfactory statement of reasons therefor, submitted by a licensed inspector, the Secretary may, without hearing, suspend for a definite period of time, or may cancel, the license issued to such licensed inspector.

(b) Suspension, pending investigation. Pending investigation, the Secretary, whenever he deems necessary, may suspend a license temporarily, without hearing.

(c) Suspension or revocation for cause. In all other cases, before a license is suspended or revoked, the licensed inspector involved shall be furnished by the Secretary, or by an official of the Department designated by the Secretary for the purpose, a written notice to show cause why his license should not be suspended or revoked for reasons specified

in such notice, and shall be allowed a reasonable time within which to answer the same in writing and submit affidavits and other proper evidence. If requested by such licensed inspector, within the time allowed for answering, or in the discretion of the Administrator, an oral hearing, of which reasonable notice shall be given, shall be held before, and at a time and place fixed by the Administrator, or an officer of the Department designated by him for the purpose.

(d) Service of notice. Service of such notice shall be made by delivering the same to the licensed inspector, but if he cannot be found. in the exercise of reasonable diligence, at the inspection point where his license is posted as required by § 26.12, such service shall be made by delivering the notice to an adult member of his immediate family or by registered mail to his last-known residence address. Service by registered mail shall be deemed to have been made on the date shown on the registry return receipt.

(e) Hearings. Hearings for the purposes of this section shall be in accordance with § 26.79. A copy of the notice to show cause, the answer thereto, copies of all other notices and orders, and all the evidence shall be made a part of the records of the Department.

§ 26.45 Issuance of licenses after suspension or cancellation. Upon a written request and satisfactory evidence of competency, submitted by a person whose license has been suspended or canceled, the Secretary may terminate the period of suspension or may issue to such person a new license for the kinds of grain covered by the canceled license.

§ 26.46 Surrender of license, when. Any licensed inspector who is not making inspections regularly under his license, shall, upon request of the district grain supervisor, surrender his license to be canceled. When any licensed inspector, who received his license by reason of his being a State grain inspector, ceases to be a State grain inspector, he shall, upon request of the district grain supervisor, surrender his license for cancellation. The Secretary may cancel any license not surrendered as provided for by this section.

APPEALS

§ 26.47 Appeal, when may be taken. An appeal shall be taken (a) before the grain leaves the inspection point where the inspection appealed from was made;

(b) before the identity of the grain has been lost; (c) when the conditions otherwise are as prescribed in section 6 of the act; and (d) as promptly as possible, but not later than the close of business on the second business day following the date of the inspection appealed from, except as provided in § 26.52.

§ 26.48 Appeals, how taken. An appeal shall be taken to the Secretary by filing an application for appeal in writing or by telegraph, in the District Headquarters office in the district in which the inspection appealed from was made: Provided, That in his discretion the officer in charge of General Field Headquarters of the Grain Branch may authorize the entertaining of an appeal in another District Headquarters office.

An

§ 26.50 Contents of application. application, in the form prescribed by the Department, signed by the appellant, shall state: (a) That the grain involved was shipped, delivered for shipment, consigned for sale, sold for shipment, or offered for sale for shipment in interstate or foreign commerce; (b) the identification and definite location of the grain at the time of taking the appeal; (c) the names and post office addresses of all other parties interested in the grain involved, if any; and (d) such other information as may be required by the District Headquarters office in which such application is filed or by the Administrator.

§ 26.51 Inspection certificate, filing of. The appellant may be required to file or cause to be filed, in the District Headquarters office mentioned in § 26.48, the certificate of grade for the grain involved, issued by the licensed inspector from whose inspection the appeal is taken, if the same be in his possession. If such certificate be in the custody or control of the licensed inspector, he shall upon request immediately transmit or deliver it to said office.

§ 26.52 Extension of time. Upon satisfactory showing of the discovery of fraud, or that on account of distance the time allowed for filing is not suffi

cient, or other good cause, the grain supervisor in charge of the office mentioned in § 26.48 may permit the filing of an application after the time prescribed therefor in this part, and a statement of such action shall be included in the record of such appeal.

§ 26.53 Date of filing. Each application or statement shall be deemed filed in a District Headquarters office when delivered thereto.

§ 26.54 Receipt of papers to be recorded. The official of the Department receiving any paper offered for filing shall note thereon, or on a record kept by him for the purpose, the place and date of its receipt.

§ 26.55 Opportunity for hearing. Opportunity for hearing will be afforded interested parties as provided in section 6 of the act, if application therefor be made to the grain supervisor entertaining the appeal within 10 days after the issuance of the final Federal appeal grade certificate. If no request for hearing be made by an interested party such hearing will be deemed waived. The Secretary or the Administrator, however, may order a hearing to investigate the circumstances surrounding an appeal.

§ 26.56 Notice of hearing. Whenever a hearing is set pursuant to § 26.55, notice of the time and place thereof shall be served a reasonable time in advance upon each party or his agent.

§ 26.57 Oral hearing, before whom held. When a hearing at which oral evidence may be submited by the parties is granted or ordered, it shall be held before the Secretary, or before such officer of the Department as may be designated by the Secretary, or by the Administrator.

§ 26.58 Testimony under oath. The testimony of witnesses at an oral hearing shall be upon oath or affirmation administered by the official before whom the hearing is held. Such hearing may be postponed or adjourned by the official from time to time."

$26.59 Production of books and papers. Any official before whom an appeal is heard may require the production and submission in evidence by any party to such appeal of all books, papers, and documents in his custody or under his control, evidencing or relating to the transaction, the grain or other matter, involved in, or relevant to, the appeal.

§ 26.60 Appeal may be dismissed, when. A grain supervisor may dismiss any appeal filed in his office for noncompliance with the regulations or if it shall appear that the Secretary is without jurisdiction to determine the appeal in accordance with the act or the regulations. Any application, statement, or other paper filed by any party may be stricken from the files if it fails to comply with the regulations in this part. Upon dismissal or withdrawal of an appeal the certificate of grade filed therein shall be immediately returned to the person by whom filed, or delivered upon his written order. No appeal may be withdrawn after the issuance of a Federal appeal grade certificate.

§ 26.61 Supervisor to determine grade. The sample or samples of grain involved in an appeal, complying with §§ 26.72 and 26.73, shall be examined as soon as possible, such tests shall be applied as are necessary, the papers and all other available evidence shall be carefully considered, and, except as provided in § 26.60 a Federal appeal grade certificate shall be issued by the grain supervisor entertaining the appeal, showing the grade assigned by him to such grain which shall be the final Federal appeal grade certiflcate unless superseded as provided in § 26.63. Such Federal appeal grade certificate shall supersede the certificate of grade for the grain involved, and such inspection certificate shall not thereafter represent the grade of the grain.

§ 26.62 Objection to supervisor's grade may be filed. Any party to an appeal may, not later than the close of business on the next business day after the issuance of the Federal appeal grade certificate mentioned in § 26.61, file with the grain supervisor issuing the same a statement objecting to the grade shown. The said grain supervisor may, for good cause shown, permit the filing of such statement after the time prescribed therefor in this section.

§ 26.63 Review by board. If such objection be filed as provided in § 26.62, a sample or samples of the grain involved, the papers and all other evidence shall be immediately submitted to a board of grain supervisors constituted for the purpose by the Administrator, which board shall carefully consider the papers and all available evidence, and make such examination and apply such tests as may be necessary to determine the grade of the grain. Such board shall, if the regu

lations be complied with, issue or cause to be issued a Federal appeal grade certificate showing the grade assigned by such board to the grain, which Federal appeal grade certificate shall supersede the Federal appeal grade certificate previously issued for such grain and shall be the final Federal appeal grade certificate issued.

§ 26.64 Direct appeal to board. Such board may, upon showing of special urgency, hear an appeal in the first instance without compliance with §§ 26.61 and 26.62, and in accordance with the procedure described in § 26.63.

§ 26.65 Original and copies of Federal appeal grade certificate. Every Federal appeal grade certificate shall be numbered and shall, by number or otherwise, identify the certificate which it supersedes. The original of the Federal appeal grade certificate, issued by the grain supervisor and marked as such, shall be delivered to the party, or upon the written order of the party, who filed the appeal. The original of the Federal appeal grade certificate, issued by a board of grain supervisors and marked as such shall be delivered to the party, or upon the written order of the party, who filed the objection to the supervisor's grade. A copy of each Federal appeal grade certificate marked as such shall be furnished to each interested party, if any, other than the party to whom, or upon whose order, the original Federal appeal grade certificate is furnished.

§ 26.66 Findings of the Secretary. A copy of the findings of the Secretary will be furnished to any interested party upon request.

DISPUTES

§ 26.67 Disputes, how taken. A dispute shall be submitted to the Secretary by filing a complaint in conformity with § 26.70, either in writing or by telegraph, in the District Headquarters office in the district where the grain is then located.

§ 26.68 Complaint, time of filing. Such complaint shall be filed as promptly as possible, but not later than the close of business on the second business day after the grain involved becomes subject to examination by the contracting parties at the point where the grade is disputed. The grain supervisor hearing the dispute may, for good cause shown, permit the filing of such complaint after the time prescribed in this section.

§ 26.69 Advance notice of dispute. Any party desiring to refer a dispute may transmit, in advance, to the proper District Headquarters, office by telegraph, telephone, or otherwise, such information as may be necessary to enable a grain supervisor in such office to proceed to the examination of the grain involved.

§ 26.70 Contents of complaint. A complaint signed by the complainant shall state (a) the name and post office address of each party; (b) the kind of grain and the grade thereof, claimed by each party; (c) the respective interests of the complainant and the respondent in the transaction; (d) that the grain involved was sold, offered for sale, or consigned for sale by grade, and shipped in interstate or foreign commerce without inspection from a place at which there is no licensed inspector to a place at which there is no licensed inspector, and the points of shipment and destination; (e) the time when the grain became subject to examination by the party receiving it, at the point where the grade is disputed; (f) the location of the grain and its identification; and (g) any other material facts.

§ 26.71 Appeal regulations applicable to disputes. The provisions of §§ 26.4726.66 relating to appeals, which in substance are applicable to disputes, and in respect to which no special provision is made by §§ 26.67-26.70, are hereby made applicable to disputes.

SAMPLES IN APPEALS AND DISPUTES

§ 26.72 Representative sample. No appeal or dispute shall be determined except upon the basis of a representative sample of the grain involved. Such sample shall be drawn by a person authorized for the purpose by either the Administrator or the grain supervisor in charge of the District Headquarters office in which the appeal or dispute is heard, provided the parties in interest shall have the grain made accessible and placed under such conditions as to permit the taking of a representative sample.

§ 26.73 Representative samples, how procured. For the purposes of an appeal or dispute no sample shall be deemed representative unless of the size, and procured in accordance with the method, prescribed in instructions issued by the Administrator, or by an officer of the Department designated by him for the purpose, in effect at the time of taking the appeal or referring the dispute.

DEPARTMENT CHARGES AND FEES

§ 26.74 Fees and charges. The fee in an appeal or a dispute shall be fixed as follows:

(a) For bulk or sacked grain in carload lots, $2.00 per car;

(b) For bulk or sacked grain in a wagon or truck or in a lot of 75 sacks or less, $1.00 per wagon, truck, or lot;

(c) For a submitted sample or package of grain, $1.00 per sample or package;

(d) For all lots of grain other than those referred to in paragraphs (a), (b), and (c) of this section, $1.00 per one thousand bushels or fraction thereof, with a minimum fee of $2.00.

Charges may be made for telegrams, express, parcel post, registry fees, travel expenses, and other items paid or incurred by the Department on account of an appeal or a dispute and for oral hearings, as will reimburse the Department; all such additional items to be determined by the Administrator. Unless otherwise stated in the findings in any appeal, the fee as prescribed by this regulation and no further charges, shall be deemed to be fixed and assessed. [7 F. R. 7067]

§ 26.75 Fees, against whom assessed. The fees so fixed shall, in case of an appeal, be assessed against the appellant, and in case of a dispute, against the complainant.

§ 26.76 Deposits. For each appeal or dispute filed in any District Headquarters office of the Grain Branch there shall be delivered to such office a check (certified, if required by the Administrator), or a post office or express money order, payable to the order of "Treasurer of the United States" for an amount sufficient to cover the fees, at the rate specified in § 26.74 (a), (b), (c), and (d). Additional sums may be required by the offcial hearing the appeal or dispute when deemed necessary by him as deposits. Any part of such deposit which may remain after payment of the fee assessed shall be returned to the party depositing the same. In case an appeal be sustained the amount of the fee assessed shall be refunded. All fees not covered by advance deposits shall be payable immediately upon notice of the assessment of the fee, and shall be paid by check (certified, if required by the Administrator), or a post office or express money