12 Pa. Code § 145.67 - Revocation of certification
(a) The
Department or the appropriate third-party agency may send by certified mail a
notice of intent to revoke:
(1) The approval
of the manufacturer's building system documentation or the related compliance
assurance program following a determination by the agency that the issuance of
the approval was not made in accordance with sound technical judgment or was
based on fraudulent or materially incorrect information or was not made in
conformance with the requirements of the act or this title with the result that
there could be a risk to the public health, safety and welfare of the citizens
of this Commonwealth.
(2) The
authority of the manufacturer to receive and to attach insignia of
certification to industrialized housing, housing components, industrialized
building or building components following a determination by the agency that
the manufacturer is possibly failing in any material respect to conform with
its approved building system documentation or to meet its responsibilities
under the approved compliance assurance program or that the manufacturer is in
violation in any material respect of the act or this title.
(b) Notice of intent to revoke
must be in writing and shall be delivered by hand to an officer of the
manufacturer or by certified mail to the principal office of the manufacturer.
The notice must set forth the reasons for the intent to revoke. If the notice
of intent is issued by a third-party agency, the third-party agency shall
immediately inform the Department by telephone of the notice and shall promptly
send to the Department a copy of the notice. Not less than 15 days but not more
than 30 days shall be given to a manufacturer to correct the violations in the
notice of intent to revoke.
(c) If
the manufacturer fails to correct the violations within the time allowed, the
Department will schedule a hearing to consider revocation of:
(1) The certification of industrialized
housing, housing components, industrialized building or building
components.
(2) The authority of
the manufacturer to receive or attach an insignia of certification.
(3) Both.
(d) Written notice of the hearing, including
the time and place of the hearing and a brief statement of the grounds on which
the revocation is considered, will be delivered by hand to an officer of the
manufacturer or by certified mail to the principal office of the manufacturer.
Copies of the notice will be delivered to every other third-party agency with
an implementing contract with the manufacturer. Notice of the hearing may be
sent to other interested persons. The hearing will be treated as an appeal, the
manufacturer considered the appealing person and the provisions on appeal in
§
145.112 (relating to procedures
for formal appeal proceedings) is applicable.
(e) Notwithstanding a decision by the
Department not to cause a revocation following the hearing required under
subsection (c), a third-party agency with an implementing contract with the
affected manufacturer shall have an unconditional right to terminate its
contract with the manufacturer.
Notes
See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.
The provisions of this § 145.67 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
This section cited in 12 Pa. Code § 145.72a (relating to frequency of inspections).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.