12 Pa. Code § 145.79 - Suspension and revocation of third-party agencies
(a) The Department may suspend or revoke its
approval of an evaluation agency or inspection agency if the Department
determines that the approval or a reapproval was based on fraudulent or
materially inaccurate information, or that the approval or reapproval was
issued in violation of this chapter, or that a change of facts or circumstances
make it unlikely that the third-party agency can continue to discharge its
responsibilities under this chapter in a satisfactory manner, or that the
third-party agency had failed to discharge its responsibilities under this
chapter in a satisfactory manner or had violated this chapter or its contract
with the Department in any material respect. During the period of suspension or
revocation, the affected third-party agency may not be authorized to discharge
its responsibilities under this chapter or under its contract with the
Department, unless otherwise specified in the notice of suspension referred to
in subsection (b) or by order of the Department.
(b) A written notice of a suspension under
subsection (a) will be delivered by the Department by hand to an officer of the
affected third-party agency or by registered mail to the principal office of
the affected third-party agency. The written notice will include a brief
statement of the reasons for the suspension. Copies of the notice of suspension
will be delivered by the Department to manufacturers with implementing
contracts with the affected third-party agency either by hand to officers of
the manufacturers or by registered mail to the principal offices of the
manufacturers. The suspension will be effective on the date the affected
third-party agency receives the notice of suspension or on a later date that
may be designated in the notice of suspension. The period of suspension will be
specified in the notice of suspension, but it may not continue beyond a date 15
days after the date the hearing provided for in subsection (c) is
held.
(c) Promptly following a
suspension under subsection (a), the Department will establish a time and place
for a hearing to consider whether the suspension should be lifted or converted
to a revocation or what other order, if any, should be issued. The Department
will send a written notice of the hearing by hand or by registered mail to the
affected third-party agency and to manufacturers with implementing contracts
with the affected third-party agency. Notice of the hearing may be sent to
other interested persons. The hearing will be treated as an appeal, the
affected third-party agency will be considered the appealing person and §
145.112 (relating to procedures
for formal appeal proceedings) is applicable.
(d) The Department may revoke its approval of
an evaluation agency or inspection agency without previously suspending its
approval. The Department will send a written notice to the affected third-party
agency of its intention to consider revocation of its approval, stating the
grounds therefor and establishing a time and a place for a hearing on the
question. The notice will be sent by hand or by registered mail to the affected
third-party agency and to manufacturers with implementing contracts with the
affected third-party agency. The notice may be sent to other interested
persons. The hearing will be treated as an appeal, the affected third-party
agency will be considered the appealing person, and § 145.112 is
applicable.
(e) Upon the suspension
or revocation of approval of an evaluation agency or inspection agency under
this section, a manufacturer with an implementing contract with the affected
third-party agency shall have an unconditional right to terminate its contract
with the third-party agency and to enter into an implementing contract with
another third-party agency.
(f) If
the Department determines that there is a substantial threat to the health,
safety or welfare of the occupants of industrialized housing or housing
structures containing housing components or industrialized buildings or
structures containing industrialized building components, because they were
manufactured in accordance with building system documentation and related
compliance assurance program approved by an evaluation agency whose approval
has been suspended or revoked by the Department under this section or were
certified by an inspection agency whose approval has been suspended or revoked
by the Department under this section, the Department may require the
manufacturer to take the actions with respect to the industrialized housing or
housing components, industrialized buildings or building components as may be
necessary to eliminate substantially the threat to the health, safety or
welfare of the occupants.
(g) Upon
the suspension or revocation of an evaluation agency or inspection agency under
this section, the Department will, upon the request of a manufacturer with an
implementing contract with the suspended or revoked third-party agency, consult
with the manufacturer to establish a temporary arrangement by which the
manufacturer can continue to manufacture, sell, lease and install
industrialized housing, housing components, industrialized buildings or
building components in conformity with the act and this chapter until the
suspension or revocation is lifted or an implementing contract entered into
with another third-party agency. For these purposes, the Department may in its
sole discretion discharge some or all of the responsibilities of a third-party
agency. The Department may also approve another temporary arrangement which the
Department determines would best promote the purposes of the act and this
chapter under the circumstances.
Notes
See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.
The provisions of this § 145.79 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
This section cited in 12 Pa. Code § 145.78 (relating to contractual arrangements).
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