70 Pa. Code § 10.6 - Application and review
(a)
Obtaining an application. A person seeking the Department's
approval of a particular type of weighing and measuring device shall request an
approved application form from the Department. The prospective applicant may
contact the Department at the address in §
2.2 (relating to contacting the
Department).
(b)
Contents
of application form. The application form shall require the following
information:
(1) The name and address of the
applicant.
(2) A detailed
description of the type of weighing and measuring device with respect to which
approval is sought.
(3) A copy of
any certificate of conformance issued by the National Type Evaluation Program
administered by NCWM with respect to that type.
(4) A copy of any certificate of conformance
issued by NIST with respect to that type.
(5) Other documentation necessary to a
reasoned determination by the Department as to whether the type meets the
general standard in §§
10.3 and
10.5 (relating to general standard
for approval by the Department; and meeting the general standard for approval).
If a certificate of conformance as described in paragraph (3) or (4) is not
submitted, a sample of the type-or specifications with respect to the
type-shall be submitted as part of the application.
(6) Either a precise description of the
manner in which devices of the type with respect to which approval is sought
are clearly marked for purposes of identification with the name, initials or
trademark of the manufacturer and with the manufacturer's designation which
positively identifies the pattern or design of the device, or an explanation of
the reason it is impracticable to mark the devices as required by this section
and a request for a waiver of some or all of these marking requirements under
section 4174 of the act (relating to marking of approved weights and
measures).
(7) Other information
the Department might reasonably require in considering approval.
(c)
Submitting the
application. The applicant shall forward the completed application
form to the address in §
2.2.
(d)
Review by Department.
The Department will complete its review of an application within 30 days of
receiving a complete application form. If the Department requests additional
information from an applicant, this 30-day period does not commence until the
requested information is received. The Department will approve a type of
weighing and measuring device if it meets the standards for approval in
§§
10.3 and
10.5. The Department will mail the
applicant either a certificate of approval or a notice of disapproval within
that 30-day period. A notice of disapproval will contain an explanation of the
basis upon which the decision to disapprove was made, and otherwise meet the
requirements of section 4172 of the act (relating to certificates of approval;
notice of disapproval; appeals).
(e)
Review of decision to disapprove
a device type. An applicant shall follow the procedure in section 4172
of the act to obtain review of a decision by the Department to disapprove a
device type.
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