Section 94212 - Denial, Suspension or Revocation of Certification(a) The Executive Officer for just cause may deny, suspend or revoke an Executive Order of Certification in any of the following circumstances:(1) the Applicant has materially misrepresented the meaning, findings, effect or any other material aspect of the certification application, including submitting false or incomplete information in its application for certification regardless of the Applicant's personal knowledge of the falsity or incompleteness of the information;(2) the test data submitted by the Applicant to show compliance with this regulation have been found to be inaccurate or invalid; or(3) the certified unit has failed in-use to comply with the findings set forth in the Executive Order. For the purposes of this section, noncompliance with the certification may include, but is not limited to:(A) a repeated failure to perform to the standards set forth in this article;(B) modification by the manufacturer of the DG Unit that results in an increase in emissions or changes the efficiency or operating conditions of such unit, without prior notice to and approval by the Executive Officer;(C) failure to comply with request to test in-use DG Units within 60 days of a written request by the Executive Officer; or(D) failure to submit records required per section 94208 within 60 days of a written request by the Executive Officer.(4) The Applicant failed to comply with any other requirement set out herein.(b) A manufacturer may be denied certification or subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative.(c) The Executive Officer shall notify a manufacturer by certified mail of any action taken by the Executive Officer to deny, suspend or revoke any certification granted under this article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification.(d) A manufacturer may request that the suspension or revocation be stayed pending a hearing under section 94213. In determining whether to grant the stay, the hearing officer shall consider the reasonable likelihood that the manufacturer will prevail on the merits of the appeal and the harm the manufacturer will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the manufacturer if the stay is not granted.(e) Once an Executive Order of Certification has been suspended pursuant to (a) above, the manufacturer must satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the manufacturer before the Executive Officer will consider reinstating the certification.(f) After the Executive Officer suspends or revokes an Executive Order of Certification pursuant to this section and prior to commencement of a hearing under section 94213, if the manufacturer demonstrates to the Executive Officer satisfaction that the decision to suspend or revoke the certification was based on erroneous information, the Executive Officer will reinstate the certification.(g) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code.Cal. Code Regs. Tit. 17, § 94212
1. New section filed 9-4-2002; operative 10-4-2002 (Register 2002, No. 36).
2. Amendment of subsection (a)(3)(A) and new subsections (a)(3)(C)-(a)(4) filed 8-8-2007; operative 9-7-2007 (Register 2007, No. 32). Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code.
1. New section filed 9-4-2002; operative 10-4-2002 (Register 2002, No. 36).
2. Amendment of subsection (a)(3)(A) and new subsections (a)(3)(C)-(a)(4) filed 8-8-2007; operative 9-7-2007 (Register 2007, No. 32).