A request for an appeal inspection may be refused if:
The reasons for an appeal inspection are frivolous or not substantial;
The quality or condition of the seed has been altered since the inspection covering the seed on which the appeal inspection is requested;
The lot in question in a lot inspection is not or cannot be made accessible for sampling;
The lot relative to which appeal inspection is requested cannot be positively identified by the inspection as the lot from which drawn samples were previously inspected in a lot inspection; or
The application is not in compliance with the regulations; and
Such applicant shall be notified promptly of the reason for such refusal.