Ga. Comp. R. & Regs. R. 40-15-2-.05 - Registration of Servicemen and Service Agencies for Commercial Weight and Measuring Devices
(1)
Policy. Registration of either an individual or an agency that shall install,
repair, recondition, or test commercial weighing and measuring devices shall be
required; and in requiring that registration, the Commissioner of Agriculture
does establish, publish and declare that the standards established in Paragraph
40-15-2-.05(5) of
this regulation to be the requirements for all registered individuals and
agencies engaged in the business of installing, repairing, reconditioning of
weighing and measuring devices in the State of Georgia.
(2) Definitions.
(a) Registered Serviceman. The term
"Registered Serviceman" shall be construed to mean any individual who for hire,
award, commission, or any other payment of any kind, installs, services,
repairs, or reconditions a commercial weighing or measuring device, and who
meets the requirements of Paragraph
40-15-2-.05(5) of
this regulation.
(b) Registered
Service Agency. The term "Registered Service Agency" shall be construed to mean
any agency, firm, company, or corporation which, for hire, award, commission,
or any other payment of any kind, installs, services, repairs or reconditions a
commercial weighing or measuring device, and which meets the requirements of
Paragraph 40-15-2-.05(5) of
these regulations. Under the agency registration, identification of individual
servicemen shall not be required, except as hereinafter provided.
(c) Commercial Weighing and Measuring Device.
The term "Commercial Weighing and Measuring Device" shall be construed to
include any weight or measure or weighing or measuring device commercially used
or employed in establishing the size, quantity, extent, area, or measurement of
quantities, things, produce or articles for distribution or consumption,
purchased, offered, or submitted for sale, hire, or award, or in computing any
basic charge or payment for services rendered on the basis of weight or
measure, and shall also include any accessory attached to or used in connection
with a commercial weighing or measuring device where such accessory is so
designed or installed that its operation affects, or may affect, the accuracy
of the device.
(3)
Reciprocity. The Commissioner may enter into an informal reciprocal agreement
with any other state or states that has (or have) similar registration
policies. Under such agreement, the registered servicemen and the registered
service agencies of the state, party to reciprocal agreement, are granted full
reciprocal authority, including reciprocal recognition of certification of
standards and testing equipment, in all states party to such
agreement.
(4) Registration
Renewal. Effective with the next weights and measures field standards
inspection and recalibration due, registration renewals for the serviceman
and/or service agency shall be completed at the time weights and measures field
standards are submitted to the Georgia Weights and Measures Laboratory for
inspection and recalibration. Registration for service persons entering the
occupation for the first time shall coincide with the serviceman meeting
initially all other requirements of this Regulation.
(5) General Requirements for Registered
Servicemen and/or Service Agencies. The Commissioner of Agriculture establishes
these requirements to be met initially by the applicant for "Servicemen's
Registration." It shall be the prerogative of the Commissioner to change these
requirements, after due notice and hearing, to maintain good order in the
fulfilling of the duties of his office.
(a)
Character and work reference requirements established by the Commissioner of
Agriculture shall be met initially by the applicant for his probationary
certification of six months.
(b)
Evidence of proper equipment, including all weights and/or measurement
standards having been inspected and tolerance tested biennially, is a
requirement to be met by the applicant for registration.
(c) Compliance with weights and/or
measurement standards for the type of certification requested or applied for is
mandatory.
(d) An interview of the
applicant for registration as a part of the probationary application procedure
may be arranged with the Commissioner as a part of, or in lieu of formal
examinations for certification.
(e)
Each registered serviceman or registered service agency engaged in the repair,
service, installation, or reconditioning of or testing of weighing or measuring
devices must furnish a surety bond in the amount of One Thousand Dollars
($1,000), except that all repairmen, operating from the headquarters in which
the service agency is located, employed by a service agency may be covered by a
single bond.
(f) In subsequent
years of certification, the serviceman or service agency must submit all
weights and measures to a weights and measures laboratory biennially for
inspection and testing. Failure to comply with this requirement will be
considered just cause for revocation of the serviceman's or service agency's
registration status, after a public hearing.
(g) When a serviceman's or service agency's
weights and measures are carried to an out-of-state weights and measures
laboratory for inspection, the serviceman or service agency shall be
responsible for providing the Director of the Weights and Measures Laboratory a
copy of the current certification of all weights and measures used in the
repair, service, or testing of weighing and measuring devices within the State
of Georgia.
(h) In the event an
out-of-state scale serviceman is installing a commercial weighing or measuring
device and does not have either (1) a Certificate of Registration, or (2)
currently state-calibrated test weights in sufficient amount to perform final
adjustments of the device to meet NBS HANDBOOK 44 requirements, he or the
company he represents, must engage or employ an in-state registered scale
serviceman to perform final adjustments and tests for device conformity with
NBS HANDBOOK 44.
(i) Any serviceman
or service agency residing or situated at a distance greater than fifty (50)
miles from the parent service agency, and servicing the area in which he is
situated, shall be considered to be separate, apart, and independent from his
home agency, and must meet all the requirements required of individual or
agency registrants, including the inspection of weights and measures and
individual or agency registration.
(j) All registered servicemen or service
agencies, or companies holding their bond, must, upon the request of the
Commissioner, show proof, or provide evidence that he, or his service agency,
has sufficient tools and other equipment necessary to render satisfactory
service.
(k) Each service agency
shall provide twice yearly (January 1 and July 1) a listing of servicemen
covered under the agency's registration.
(l) Each registered serviceman must show his
registration-identification card, upon request, before installing, adjusting,
repairing, or rebuilding any weighing or measuring device.
(m) The installing salesman, serviceman, or
scale mechanic, must report, on forms provided by the Commissioner, every
commercial weighing or measuring device installed, or adjusted and repaired,
and returned to service after rejection or condemnation, within twenty-four
hours after such installation, repair, adjustment or rebuilding.
(n) In the installation of new commercial
weighing and measuring devices within the jurisdiction of the Georgia
Department of Agriculture and the Commissioner, the vendor or the jobber and
the installer (who is bonded) shall be held, equally and together, responsible
for the performance of the newly-installed weighing device prior to the
approval by inspectors of the Weights and Measures Division.
(o) To perform the duties required of a
"Registered Serviceman" he may break a seal and/or remove a
REJECTION/CONDEMNATION tag placed on a weighing or measuring device by an
inspector of the Division of Weights and Measures, only to repair the defective
device. When the repairing and/or rebuilding is completed, the serviceman must
mail the REJECTION/CONDEMNATION tag, together with his report of putting into
service, within the prescribed time, to the Commissioner. Out-of-state
servicemen shall not remove a REJECTION/CONDEMNATION tag unless he or his
agency is registered with Georgia Commissioner of Agriculture.
(p) Classes of individual Scale Servicemen
and Scale Service Agency Registration. A scale serviceman or service agency
shall register for and service only those commercial scales and other
commercial weighing and measuring devices within the class(es) he is registered
to install, service, repair, or recondition. His classification shall be based
on:
1. evidence of competence;
2. working knowledge of weighing and
measuring devices;
3. knowledge of
applicable Georgia Weights and Measures Laws, Rules, and Regulations, and NBS
HANDBOOK 44, and
4. proper and
sufficient on-site test weights and other equipment to provide and perform
required tests to determine that the device is being properly installed,
adjusted, serviced or repaired, and is weighing correctly at the completion of
servicing or repair, based on the following classification criteria:
(i) Class 1. An individual or agency
registered to install, repair, service, test counter and price-computing scales
shall have for each registered serviceman a minimum of (1) thirty-pound weight
kit, or the equivalent in assorted and sufficient denominations of weights to
test to the capacity of the scale.
(ii) Class II. An individual or agency
registered to install, repair, service, test small scales, portable and
monorails, of capacities of up to 1,500 pounds, must have a minimum of 500
pounds of inspected test weights for beam scales, or 1,000 pounds for dial
scales.
(iii) Class III.
Individuals and agencies registered to install, repair, service, test livestock
and medium-range scales, up to a capacity of 10,000 pounds, must have a minimum
of 5,000 pounds of inspected test weights for scale repair, servicing, or
testing purposes.
(iv) Class IV.
Individuals and agencies registered to install, repair, service or recondition
heavy-capacity scales, beyond the capacity of 10,000 pounds, must have a
minimum of 12,000 pounds of inspected test weights, or one-tenth (1/10) the
load capacity of the scales, or sufficient gross weight to test the scale
through the first drop-weight range (if the device is equipped with a dial),
whichever is the greater amount.
(v) Class V. Shall be limited to those
servicemen and service agencies who have 30,000 pounds or more of approved test
weights, transported as a single test unit for installing, repairing,
servicing, or reconditioning heavy capacity commercial and industrial scales
above fifty tons.
(vi) Class VI.
Individuals and agencies registered to install, repair, service, or recondition
railroad track scales shall have for each test crew, available on site,
suitable test equipment of not less than 30,000 pounds, or an amount
recommended (proposed) in the National Bureau of Standards HANDBOOK 44, as
supplemented, whichever is the greater amount. ADDITIONALLY, the test equipment
must have with it, or on the person of the individual assigned to use the test
equipment, the most recent sealing certificate showing that the test equipment
has been sealed on a master scale within the last twelve calendar
months.
(vii) Class VII.
Individuals and agencies registered to install, repair, service, or recondition
other types of weighing devices not covered by the above six classes shall
provide suitable test equipment, or follow acceptable procedures for testing as
outlined in NBS HANDBOOK 44, as supplemented.
(6) Each serviceman or service
agency shall have a current copy of National Bureau of Standards HANDBOOK
44.
(7) Revocation of Registration.
The Commissioner of Agriculture may for good cause, after careful investigation
and hearing, suspend or revoke a scale serviceman's (or service agency)
Certificate of Registration and/or forfeit his bond for any of the following
infractions or violations:
(a) falsifying
applications for registration;
(b)
failure to comply with NBS HANDBOOK 44 Scale Code, Georgia Weights and Measures
Law, or Georgia Weights and Measures Regulations; or,
(c) falsifying Report of Test subsequent to
installation, servicing or repair.
Notes
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