Cal. Code Regs. Tit. 16, § 3340.17.1 - Decertification of Equipment Manufactures
(a) If the bureau finds that a BAR-97 EIS or
DAD manufacturer, hereinafter referred to as manufacturer, fails to furnish or
install required software updates to the BAR-97 EIS or DAD, or to meet the
specifications, standards, or requirements as provided in the BAR-97 Emissions
Inspection System Specification or the BAR OBD Inspection System Data
Acquisition Device Specification incorporated by reference in section
3340.17, the bureau may decertify
the manufacturer's BAR-97 EIS or DAD and prevent the use of the equipment in
the California Smog Check Program.
(b) If the bureau finds cause to decertify a
manufacturer's BAR-97 EIS or DAD, the bureau shall file and serve a notice in
writing or by electronic mail to the manufacturer(s). The notice shall contain
a summary of the facts and allegations that form the cause or causes for
decertification and may be given in any manner authorized by Business and
Professions Code Section
124.
(c) If the bureau receives a written or
electronic request for a hearing from the manufacturer within five (5) days
from the date of service, a hearing shall be held as provided for as follows:
(1) The bureau shall hold a hearing within
ten (10) days of the date on which the bureau received a timely request for a
hearing and notify the manufacturer of the time and place of the
hearing.
(2) The hearing shall be
limited in scope to the time period, facts, and allegations specified in the
notice prepared by the bureau.
(d) The manufacturer shall be notified of the
determination by the chief, or the chief's designee, who shall issue a decision
and notify the manufacturer within ten (10) days of the close of the
hearing.
(e) The manufacturer may
request an administrative hearing in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to
contest the decision of the chief or the chief's designee within 30 days of the
date of the determination by the chief, or the chiefs designee.
Notes
Note: Authority cited: Section 44036, Health and Safety Code; and Section 124, Business and Professions Code. Reference: Sections 11340, 11370, 11500 and 11505, Government Code.
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