Page:United States Statutes at Large Volume 90 Part 2.djvu/1404

 90 STAT. 2872

Post, p. 2880.

Ante, p. 2867.

Post, ^.2^11. Termination.

Fee.

Revocation.

Suspension.

PUBLIC LAW 94-582—OCT. 21, 1976 " ( v i i) and any related entities do not have a conflict of interest prohibited by section 11 of this Act; " ( v i i i) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Administrator may require by regulation; " ( i x) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; " (x) will comply with all provisions of this Act and the regulations and instructions thereunder; and ' ' ( x i) meets other criteria established in regulations issued under this Act relating to official functions under this Act; and " (B) the Administrator determines that the applicant is better able than any other applicant to provide official inspection service. " (2) Not more than one official agency for carrying out the provisions of this Act shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 2 of this Act, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968. No official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this Act any official or other sample d r a w n from a lot of g r a i n and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Administrator at the time such sample is drawn. No State or local governmental agency or person shall provide any official inspection for the purposes of this Act except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Administrator, as provided in this section, or as provided in section 8 (a) of this Act. " (g)(1) Designations of official agencies shall terminate at such time as specified by the Administrator but not later than triennially and may be renewed in accordance with the criteria and procedure prescribed in subsections (e) and (f) of this section. " (2) A designation of an official agency may be amended at any time upon application by the official agency if the Administrator determines that the amendment will be consistent with the provisions and objectives of this Act; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Administrator. A fee as prescribed by regulations of the Administrator shall be paid by the official agency to the Administrator for each such amendment, to cover the costs incurred by the Service in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section. " (3) The Administrator may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Administrator determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this Act for the performance of official functions, or otherwise has not complied with any provision of this Act or any regulation prescribed or instruction issued to such agency under this Act, or has been convicted of any violation of other Federal law involving the handling or official inspection of g r a i n: Provided, That the Administrator may, without first affording the official agency an opportunity

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