Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1326.17 - Annual Report, Recordkeeping, and Renewal of Accreditation(a) Annual report. An accredited certifying agent must submit annually to the Department, on or before January 30, the following reports: (1) A complete and accurate update of information submitted pursuant to sections 1326.10(a)(10)(B), 1326.12 and 1326.13 of this Article;(2) Information supporting any changes being requested in the areas of accreditation described in section 1326.9 of this Article; and(3) A description of the measures implemented in the previous year and any measures to be implemented in the coming year to satisfy any terms and conditions determined by the Department to be necessary, as specified in the most recent on-site inspection report.(b) Recordkeeping. Accredited private certifying agents must maintain records according to the following schedule: (1) Records obtained from applicants for certification and certified operations must be maintained for not less than three (3) years beyond their receipt;(2) Records created by the certifying agent regarding applicants for certification and certified operations must be maintained for not less than three (3) years beyond their creation; and(3) Records created or received by the certifying agent pursuant to the accreditation requirements of this Article, must be maintained for not less than three (3) years beyond their creation or receipt.(c) Renewal of accreditation. (1) An accredited certifying agent's application for accreditation renewal must be received at least six (6) months prior to the fifth anniversary of issuance of the notice of accreditation and each subsequent renewal of accreditation.(2) Following receipt of the information submitted by the certifying agent in accordance with (a) of this section and the results of an on-site inspection, the Department will determine whether the certifying agent remains in compliance with the Act and this Chapter and should have its accreditation renewed.(3) Valid accreditation shall remain in effect pending review and approval by the Department, provided the application for renewal is received by the required deadline in (c)(1) of this section.(4) Certifying agents with an expired accreditation shall not perform certification activities under the Act and this Chapter.(d) Notice of renewal of accreditation. Upon a determination that the certifying agent is in compliance with the Act and this Chapter, the Department will issue a notice of renewal of accreditation according to 1326.14(b) of this Article.(e) Notice of denial of renewal of accreditation. If the certifying agent is found not to be in compliance with the Act and this Chapter, and the accreditation has expired, the Department will issue a notice of denial of renewal and include reason(s) why renewal was denied and corrective actions to be taken by the certifying agent before applying again according to sections 1326.12 and 1326.13 of this Article. A notice of denial of renewal of accreditation can be appealed by requesting a formal hearing pursuant to section 1327.2 of this Chapter within 30 calendar days of the notice of denial.(f) Noncompliance. Upon a determination that the certifying agent is not in compliance with the Act and this Chapter, and the accreditation has not expired, the Department will initiate proceedings to suspend or revoke the certifying agent's accreditation as described in section 1326.21 of this Article.(g) Amending accreditation. Amendment to scope of an accreditation may be requested at any time. The application for amendment shall be provided by the Department and shall contain information applicable to the requested change in accreditation, and a complete and accurate update of the information submitted pursuant to sections 1326.12 and 1326.13 of this Article.(h) Any change in ownership, change of business name, change in business location, closure of business, or change of name, address, phone number or email of person authorized to act on behalf of the accredited certifier must be reported to the Department within 30 calendar days of such change.Cal. Code Regs. Tit. 3, § 1326.17
1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.
1. New section filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.