$26.78 to possess the proper qualifications and to have available to him and subject to his direction the necessary equipment and facilities for performing the official functions: Provided, That upon a showing of good cause, the grade school education requirement may be waived by the Administrator.

(c) Qualifying experience. For the purpose of paragraph (b) of this section, qualifying experience for a grain sampler's license shall consist of, but not be limited to, sampling, producing, or handling grain; for grain technician's license, sampling, testing, or analyzing grain; and for a grain inspector's license, sampling, testing, analyzing or grading grain.

(d) Competency determinations. (1) For the purpose of paragraph (b) of this section, the competency of a grain sampler or grain technician employed by an official inspection agency, shall be determined by the chief inspector and the Administrator; and the competency of all inspectors employed by an official inspection agency and of samplers and technicians employed under the terms of a contract with the Department of Agriculture shall be determined by the Administrator. Such determinations shall include an evaluation of the results of examinations or reexaminations under § 26.78.

(2) Upon request by an official inspection agency, employees of the agency may assist, at the option of the Administrator, a field office, on a fee basis, in determining the competency of grain samplers employed by grain elevators or warehouses within the designated inspection area assigned to the agency.

(e) Meaning of "employed". For the purposes of paragraph (b) of this section, an individual shall be deemed to be "employed" if he is actually employed or his employment is being withheld pending the receipt by the individual of the required license under the Act and the regulations.

$26.77 Applications for licensing actions.

(a) General. Applications for licensing actions under the Act and the regulations shall be made to the field office on a form prescribed for the purpose and furnished by the Administrator. (For location of field offices, see § 26.9 (d).) Each application shall (1) be in English; (2) be typewritten or written in ink; (3) include all information prescribed in the application form; and (4) be signed by the applicant in his own handwriting.

(b) Additional information. An applicant shall at any time furnish such additional information as the Administrator may request as necessary for the consideration of the application.

(c) Withdrawal and dismissal. An application for a licensing action may be withdrawn by an applicant at any time. An application may be dismissed by the Administrator (1) if the applicant is found not to meet the requirements of § 26.76; or (2) the application is found not to meet the requirements of this section (26.77): Provided, That an application for a renewal of a license, or for the return of a license which has been suspended, may be dismissed only after the licensee has been afforded an opportunity for a hearing in accordance with rules of practice in Subpart C of this part.5 When an applica

5 Such rules will be issued later.

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ests. (1) The Grain Division office having jurisdiction to issue a license shall promptly review each application for such a license for the purpose of determining whether there is any conflict of interest on the part of the applicant for the license.

(2) In any case in which the review raises a question as to whether a conflict exists, the matter will be resolved promptly at the field office level if possible. The applicant (or licensee) shall be provided an opportunity to explain or end the alleged conflict of interest. When the issue of the conflict of interest is not resolved, the case shall be referred to the Administrator for a ruling. (See also §§ 26.76 and 26.87 for conflicts of interest provisions.)

$26.78 Examinations and reexaminations.

(a) General. Applicants for a license, licensees, and employees in field offices shall, whenever deemed warranted by the Administrator (after consultation with the chief inspector in the case of an employee of an official inspection agency) submit to examinations or reexaminations to determine their competency to perform any or all of the official inspection functions for which they desire to be or are licensed or authorized.

(b) Time and place of examinations. Examinations or reexaminations under this section shall be conducted by such licensed or authorized personnel as may be designated by the Administrator and at such time and place, and otherwise in such manner as may be prescribed in the instructions.

(c) Scope of examinations. Examinations or reexaminations may include, but are not limited to, color vision tests, on-the-spot performance tests, or written tests; and may be based, in whole or in part, on the provisions of the Act, the regulations, the official grain standards, and the instructions.

(d) Standards of performance. For the purpose of the regulations a person may be deemed incompetent to perform all or specified parts of an official inspection function if he (1) has a serious color vision deficiency; (2) cannot meet the physical requirements of his duties; (3) cannot readily distinguish between the different kinds of grain, or the different conditions in grain including heating, musty, sour, insect infestation, smut, or other conditions which has a pronounced effect on the merchantability or storability of grain; (4) does not have a thorough knowledge of approved sampling, testing, inspection, or grading procedures prescribed in the instructions; (5) does not have a working knowledge of the Act, the regulations, the official grain standards, or applicable provisions of the instructions; or (6) cannot prepare legible records in the English language.

$26.79 Issuance and possession of licensees.

(a) Form of license. Licenses issued under the Act and the regulations shall be on forms prescribed for the purpose and furnished by the Administrator.

(b) Kinds of licenses. Licenses will be issued on the basis of the licensee's principal duty. A sampler will receive a sampler's license, a

laboratory technician will receive an inspector's license. Licensees will ordinarily be eligible to receive only one license; however, in unusual instances, multiple licenses may be issued to one licensee upon showing of good cause.

(c) Scope of licenses. Subject to the provisions of § 26.76, samplers, technicians, and inspectors may be licensed to perform the following duties:

(1) Grain samplers and grain technicians. Grain samplers and grain technicians employed by an official inspection agency may be licensed to perform sampling, testing, and similar functions, and upon request of the agency, to issue official certificates for the functions performed by them;

(2) Warehouse samplers. Employees of grain elevators or warehouses may be licensed to sample grain: Provided, That no grain elevator or warehouse employee will be licensed to (i) sample export grain which is required to be officially sampled under section 5 of the Act, (ii) test grain, (iii) grade grain, or (iv) certify the results of any official inspection function.

(3) Grain inspectors. Grain inspectors employed by an official inspection agency may be licensed to perform sampling, testing, grading and related functions and to issue official certificates for the functions performed by them. No person other than a grain inspector will be licensed or authorized to issue an official certificate which shows an official grade, with or without additional factor information.

(4) Contract licensees. Persons may be licensed under a contract with the Department of Agriculture for the performance of specified sampling or testing functions. Such persons will not be licensed to issue official certificates.

(d) Issuing officers. Official grain sampler's licenses shall be issued by field offices. Official grain technician's licenses and official grain inspector's licenses shall be issued by the Administrator.

(e) Condition for issuance. (1) Each license is issued on the condition that the licensee will, during the term of the license, comply with all of the provisions of the Act, the regulations, and instructions issued by the Administrator.

(2) Each license shall be the property of the Department of Agriculture, but each licensee shall have the right of possession of his license, subject to the provisions of §§ 26.78 (a) and 26.87 (c).

(f) Duplicate license. Upon satisfactory proof of the loss or destruction of a license, a duplicate license will, at the discretion of the Grain Division office which issued the lost license, be issued to the licensee.

(g) Card-form license in custody of licensee. All licensees shall have in their custody the card-form license and upon request, while on duty, present it as a means of identification.

$26.80 Automatic termination of licenses.

(a) Term of license. The term for a license shall be in accordance with the alphabetical termination schedule in paragraph (b) of this section (unless the licenses are terminated, canceled, or revoked at an earlier date): Provided, That upon request of a licensee, and a showing of good cause, the termination date may be advanced or delayed by the Administrator for a period not to exceed 60 days.

(b) Termination schedule. The termination schedule shall be as follows:

1 Licenses shall terminate 3 yr after issuance date on the last day of the month shown except that no licenses will terminate less than 3 yr after issuance date, except as provided in paragraph (a) of this section.

(c) Termination notices. Notices of termination shall be issued to the licensees by the Administrator at least 60 days in advance of the termination date. The notices shall (1) provide detailed instructions for requesting renewal of licenses; (2) state whether or not an examination will be required and (3) if an examination will be required, show the nature and scope of the examination. Failure to receive a notice from the Administrator will not relieve the licensee of the responsibility to have his license renewed on or before the expiration date prescribed in this section.

(d) Renewal of licenses. Licenses which are renewed shall show the licensee's permanent license number, the date of renewal, and the word "Renewed."

$26.81 Voluntary suspension or cancellation of licenses.

(a) General. Licenses issued under the regulations may, upon the request of the licensee, be suspended or canceled in accordance with paragraphs (b), (c), and (d) of this section.

(b) When license may be canceled or suspended. Upon request by a licensee and a showing of good cause, a license may be canceled or may be suspended for a specified period of time, not to exceed 1 year. (A request for a cancellation, or a suspension, or for the return of a suspended license, shall be submitted in accordance with § 26.77.)

(c) Handling suspensions. Actions pertaining to the suspension of a license shall be handled by the Grain Division office which issued the license.

(d) Cancellation after suspension. A suspension of a license shall not affect the expiration date of the license. If a license has been suspended for 1 year and no request has been received for the return of the license, or a request for return of the license has been dismissed in accordance with the provisions of § 26.77 the license shall be summarily canceled by the Administrator at the expiration of said year, in accordance with the provisions of § 26.83.

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$26.82 Automatic suspension of license by change in employment. A license issued to an employee of an official inspection agency shall be suspended automatically when the licensee ceases to be employed by the agency. If the licensee is employed by the same agency or by another official inspection agency within 1 year of the suspension date, and the license has not expired or been canceled in the interim, upon request of the licensee, the license will be reinstated subject to the provisions of § 26.78. (This provision shall be applied in a similar manner to a license issued to a person who operates under a contract with the Department of Agriculture for the conduct of specified inspection functions.)

$26.83 Cancellation by Administrator

Licenses may be summarily canceled by the Administrator upon a finding that (1) a licensee is imprisoned for a period in excess of 1 year; or (2) has died; or (3) no official inspection functions have been performed under a license for a period of 1 year: Provided, That before a license is canceled for nonuse, written notice of a proposed cancellation shall be given to the licensee, if living, at least 30 days in advance of the proposed date of cancellation. Thereafter, if official inspection functions are performed and notice thereof is given to the Administrator prior to the proposed date of cancellation, the cancellation shall not be made effective, but if official functions are not performed prior to the proposed date, the license shall be summarily canceled.

$26.84 Surrender of license

(a) General. Each license which is terminated, suspended, or canceled under the provisions of §§ 26.80 through 26.84, or suspended or revoked for cause under the provisions of § 26.89 shall be promptly surrendered by the licensee, or in the case of death of the licensee, by his heirs or executor, to the field office. Any license not surrendered in accordance with the provisions of this section may, upon notice to the licensee, be summarily canceled by the Administrator: Provided, That no notice is required if the licensee has died. Licenses which are surrendered for voluntary suspension shall be returned to the licensee only upon request, in accordance with the provisions of § 26.77.

(b) Marking canceled licenses. Each terminated, canceled, or revoked license surrendered shall be marked "Canceled" upon receipt in the Grain Division office.

$ 26.85 Duties of official inspection personnel

(a) General. Official inspection personnel shall be responsible for performing the duties specified in the Act, the applicable regulations, and paragraphs (b) through (i) of this section.

(b) Inspection services. Official inspection personnel shall perform requested inspection services (1) without discrimination, except as authorized in § 26.12; (2) as soon as practicable; and (3) upon reasonable terms.

(c) Scope of operations. Each licensee shall, except as provided in this paragraph, (1) operate within the scope of functions specified on his license; (2) operate within his designated inspection area; and (3) operate at his designated inspection point. A licensee may perform official inspection services at a different location within his des