Rule 60-2-1-.13 - Revocation of Certification of Certified Mechanism(1) If the Attorney General believes or has cause to believe that a certified mechanism is not in compliance with O.C.G.A. § 10-1-780et seq. or this Chapter, the Attorney General shall notify both the manufacturer and the certified mechanism, in writing, of his or her allegations of noncompliance. The notice shall specify a time period within which the manufacturer or its certified mechanism must correct the deficiencies.(2) The Attorney General may, in his or her discretion, extend the time period for correction of the deficiency.(3) If the deficiency or deficiencies have not been corrected and the manufacturer cannot show good cause why they were not corrected within the allotted time period, the Attorney General shall notify the manufacturer and its certified mechanism, in writing, of his or her intent to revoke certification. The written notice shall specify the areas of noncompliance and inform the manufacturer that it has ten (10) days from the receipt of the notice to submit a written request for hearing if it elects to contest the Attorney General's revocation. 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.(4) If the manufacturer fails to request the hearing within the ten (10) day period, the Attorney General shall issue a written order revoking certification of the mechanism. A copy of the order shall be sent to the manufacturer and the mechanism.(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(1). The mechanism shall remain certified until an order of revocation is issued or until the end of the existing term of certification or any extension thereof, whichever occurs first.(6) If the certification of the manufacturer's mechanism is revoked, the manufacturer may not reapply for certification of any mechanism for a period of one (1) year from the date of revocation.Ga. Comp. R. & Regs. R. 60-2-1-.13
O.C.G.A. §§ 10-1-785, 10-1-795.
Original Rule entitled "Revocation of Certification of Certified Mechanism" adopted. F. May 16, 2016; eff. June 5, 2016.