La. Admin. Code tit. 55, § I-607 - Regulation of Manufacturers
A.
Good faith compliance with statutory regulation is required as a condition of
continued good standing and approval of a manufacturer and his devices and
operations. Neglect of good faith compliance, along with tardy, inaccurate or
incomplete reports or record keeping, unavailability of key persons to receive
communications from the department or failure to appear before the department
for consultations, discussions or clarifications, may give rise to written
administrative warnings. Although the intent of this procedure is to provide a
less formal method of mutually exploring the respective positions of the
department and the manufacturer, this procedure can be utilized in conjunction
with more formal methods requiring minutes, etc.
B. Under the general authority of
R.S.
15:307(C), the department
may impose probationary conditions upon a manufacturer who fails to adhere to
the requirements of law. Probations will be imposed in the following manner.
1. Written warning will be provided to a
manufacturer at the address provided to the department regarding any neglect or
noncompliance with the statutory regulations.
2. If after a reasonable delay the
manufacturer fails to comply with the statutory regulations, the department may
issue another warning to the manufacturer or impose written probationary
conditions upon said manufacturer . The department may withdraw approval of a
manufacturer for an indefinite period of time until at least the manufacturer
corrects all statutory noncompliance. Any withdrawal of approval shall be in
writing and shall state the reasons for said withdrawal and shall be mailed to
the manufacturer at the address provided to the department by the manufacturer .
The manufacturer shall then notify all installers of its equipment in Louisiana
of the withdrawal of approval in writing. The withdrawal of approval may be
only partial as to a particular part of the manufacturer 's program in those
situations where deficiencies of the manufacturer only affect limited
activities, persons or situations and where there is no general neglect of all
facets of the manufacturer 's operation in Louisiana.
C. All written notices to the manufacturer by
the department shall be by certified mail, return receipt requested. All such
notices shall be sent to the permanent business address of the manufacturer
provided to the department by the manufacturer . Ineffective delivery of such
written notices shall be deemed the fault of the manufacturer provided that the
item is properly addressed to the last-provided permanent business address of
the manufacturer . In any event that notice is not actually made due to fault
attributed to the manufacturer , notice will be presumed to have been properly
given.
Notes
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