Rule 60-2-1-.12 - Certification and Recertification Process for Certified Mechanism(1) Any manufacturer seeking certification of a mechanism under O.C.G.A. § 10-1-785(d) shall submit an application for certification to the Attorney General. The application shall include the following:(a) The name, address and telephone number of the mechanism;(b) The name, title, mailing address, e-mail address, telephone number and facsimile number of the representative for the mechanism responsible for submitting the application information;(c) The address and telephone number of the Georgia location at which the mechanism records not electronically accessible to the Attorney General will be stored;(d) The address and telephone number of all temporary or permanent locations in the state of Georgia at which the mechanism will hear and decide disputes;(e) The mechanism's written dispute resolution procedures, including those required under Rule 60-2-1-.08;(f) The vehicle makes about which the mechanism is authorized to hear and decide disputes;(g) The program summary that the mechanism will utilize in deciding disputes; and(h) Copies of all forms, form letters, written materials and any other standard materials that will be provided to, or completed by, the consumer, the manufacturer, the decision maker, the independent technical expert or any other person or source providing information in regard to a dispute. The Attorney General may require additional information from a manufacturer.
(2) The Attorney General shall review the manufacturer's application and any other relevant information. Following said review, the Attorney General shall either:(a) Certify the mechanism for the manufacturer for a specified period not to exceed three (3) years; or,(b) Notify the manufacturer in writing that certification is not approved. The written notice shall identify the basis on which certification was withheld and set forth a time period within which the manufacturer may take corrective action and supplement its application to reflect that action. If the Attorney General's concerns are resolved within the specified period and no other concerns are identified, the Attorney General shall certify the mechanism. If, by the end of the specified period, the manufacturer has not resolved the concerns, but has shown good cause why the concerns have not been resolved, the Attorney General may extend the period. If, by the end of the specified period and any extension thereof, the manufacturer has not resolved the concerns, the Attorney General shall notify the manufacturer in writing that certification is denied. If certification is denied, the written notice shall indicate the reason(s) for denial. The manufacturer has ten (10) days from the receipt of the notice to submit a written request for a hearing if it elects to contest the denial. A request is submitted on the date it is faxed, placed in the United States mail, or sent by statutory overnight delivery. The manufacturer shall have the burden of proof as to compliance with this time frame.(3) During the period of certification, any substantive changes made to a certified mechanism's written materials shall be submitted to the Attorney General for approval prior to implementation.(4) A manufacturer seeking to renew certification of its mechanism shall submit a new application for certification to the Attorney General at least ninety (90) days prior to the expiration of the current certification period. The Attorney General shall review both the manufacturer's application and the manufacturer's and the mechanism's performance during the existing certification period. Following the review, the Attorney General shall either:(a) Renew the certification for a specified period not to exceed three (3) years; or(b) Notify the manufacturer in writing that certification is not approved. The written notice shall identify the basis on which certification was withheld and set forth a time period within which the manufacturer may take corrective action and supplement its application to reflect that action. If the Attorney General's concerns are resolved and no other concerns are identified, the Attorney General shall certify the mechanism. If, by the end of the specified period, the manufacturer has not resolved the concerns, but has shown good cause why the concerns have not been resolved, the Attorney General may extend the period. If, by the end of the specified period and any extension thereof, the manufacturer has not resolved the concerns, the Attorney General shall notify the manufacturer in writing that certification is denied. If certification is denied, the written notice shall indicate the reason(s) for denial. The manufacturer has ten (10) days from the receipt of the notice to submit a written request for a hearing if it elects to contest the denial. A request is submitted on the date it is faxed, placed in the United States mail, or sent by statutory overnight delivery. The manufacturer shall have the burden of proof as to compliance with this time frame.(5) If the manufacturer submits a timely request for hearing, a hearing shall be held in accordance with O.C.G.A. § 10-1-785(f). The mechanism shall remain certified until the end of the existing term of certification, or any extension thereof, whichever occurs last.(6)(a) If the Attorney General denies an application for certification or certification renewal and the denial is not timely contested by the manufacturer, the manufacturer may not reapply for certification of any mechanism for a period of one (1) year from the date of denial.(b) If the Attorney General denies an application for certification or certification renewal and the denial is upheld, the manufacturer may not reapply for certification of any mechanism for a period of one (1) year from the date of the final action regarding the denial.Ga. Comp. R. & Regs. R. 60-2-1-.12
O.C.G.A. §§ 10-1-785, 10-1-795.
Original Rule entitled "Certification and Recertification Process for Certified Mechanism" adopted. F. May 16, 2016; eff. June 5, 2016.