12 Pa. Code § 145.75 - Procedures for obtaining approvals of evaluation and inspection agencies
(a) An agency
seeking to obtain approval of the Department as an evaluation agency or
inspection agency shall apply to the Department. The applying agency shall
completely and accurately furnish as part of its application pertinent
information available to it, including samples where relevant, that relate to
the criteria that the Department shall consider in evaluating the application
under §
145.73 (relating to criteria for
approval of evaluation and inspection agencies). The applying agency shall
provide the additional information as the Department may request. The applicant
shall utilize application forms that the Department may require. The
application shall be accompanied by the fee established under §
145.94 (relating to fees). The
application shall become a permanent record of the Department.
(b) Prior to a full evaluation of an
application for approval, the Department will, within 30 days after receipt of
the application, determine whether the application is complete and suitable for
processing. In the event that the Department determines that the application is
not complete and suitable for processing, it shall notify the applying agency
in writing of the unsuitability and the basis thereof. If the applying agency
does not remedy the elements of unsuitability within 30 days after the sending
of the notice by the Department, the Department will refund all but $100 of the
fee of the applying agency and the findings of unsuitability shall be without
prejudice. A subsequent application shall be treated as a new
application.
(c) Following a
determination by the Department that an application is complete and suitable
for processing, the Department will review and evaluate the information
contained in the application and other information that the Department will
deem necessary and appropriate to enable it to make an accurate and informed
determination of approval or disapproval. The Department may visit the offices
and other facilities of the applying agency and meet with its management,
technical and other personnel. Within 90 days following the Department's
determination that an application is complete and suitable for processing,
unless additional time is necessary by reason of the applying agency's failure
to furnish information required by the Department, the Department will make its
determination whether the applying agency will be approved or will not be
approved under this chapter as an evaluation agency or an inspection agency, or
both, as the case may be. In the event of a disapproval, the Department will
provide the applying agency with a brief written explanation of the reasons for
the disapproval. In the event of an approval, the Department will provide the
applying person with a brief written letter of approval.
(d) The approval by the Department of an
agency as an evaluation agency or an inspection agency shall expire on the day
of the first anniversary of the date of the Department's letter of approval or
the date indicated in the letter of approval.
(e) Each approved third-party agency shall
within 10 days notify the Department of a major event or occurrence which would
materially affect its ability to discharge its responsibilities under this
chapter or which constitutes a material change from the information currently
on file in the Department with the third-party agency's applications for
approval or reapproval. Examples of major events or occurrences are changes of
ownership, changes of key supervisory or managerial personnel, changes in the
availability of testing equipment, or significant deterioration in its
financial condition. The third-party agency shall at reasonable intervals
notify the Department of other changes, such as the resignation and appointment
of inspectors in the information on file with the Department with the
third-party agency's applications for approval or reapproval.
Notes
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