Section 93120.4 - Third Party Certifiers(a) All third party certifiers must be approved in writing by the ARB Executive Officer as provided in subsection (b). The Executive Officer will issue a number to each approved third party certifier.(b) ARB Approval of Third Party Certifiers. (1) Applications to become an ARB-approved third party certifier must be submitted in writing to the Executive Officer and must contain the following: (A) Evidence of actual field experience in the verification of laboratories and wood products, to demonstrate how applicants will be able to competently perform the requirements of Appendix 3;(B) Evidence of the ability to properly train and supervise inspectors;(C) Evidence of a current "product certification agency" accreditation issued by a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement (ILAC, 2000); and(D) List of the composite wood products that the applicant is applying to verify and evidence that the applicant is qualified to verify these products.(2) Within 45 days of receiving an application to become an ARB-approved third party certifier, the Executive Officer shall inform the applicant, in writing, either that the application is complete and accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.(3) Within 30 days of receiving additional information provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.(4) Within 90 days after an application has been deemed complete, the Executive Officer shall act to approve or disapprove the application. The Executive Officer shall issue an Executive Order approving the application if the evidence submitted by the applicant is sufficient to demonstrate that the applicant can competently perform the tasks described in subsection (c). The Executive Order shall have a duration of two years. Within 120 days of the expiration date of the Executive Order, a third party certifier may apply for re-approval by submitting an updated application to the Executive Officer to demonstrate the continued ability to comply with section 93120.4(b)(1).(5) The Executive Officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. The applicant and the Executive Officer may mutually agree to longer time periods for determining whether an application is complete, or for approving or disapproving an application.(c) Requirements for Third Party Certifiers. Requirements for ARB approved third party certifiers are contained in section 93120.12, Appendix 3.(d) Modification or Revocation of an Executive Order Approving a Third Party Certifier. The Executive Officer may review and, for good cause, modify or revoke an Executive Order approving a third party certifier. The Executive Officer shall not modify or revoke an Executive Order without affording the third party certifier the opportunity for a hearing in accordance with the procedures specified in Article 2 (commencing with section 60055.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17, California Code of Regulations.Cal. Code Regs. Tit. 17, § 93120.4
1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16). Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41712, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666 and 41712, Health and Safety Code.
1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).