Section Saf-C 3312.03 - Suspension or Revocation of Manufacturer's Certification(a) After investigation, if the department determines that a manufacturer does not comply with RSA 205-C or these rules, the department shall notify the manufacturer and a hearing shall be scheduled with the bureau of hearings.(b) After a hearing, a manufacturer's certification shall be revoked or suspended for the following: (1) The certification was issued on the basis of incorrect information;(2) The certification was issued in violation of these rules;(3) The manufacturer refuses to comply with applicable statutes or rules; or(4) The manufacturer failed to comply with a notice of violation and order to correct.(c) After a hearing, and upon a finding that a manufacturer has violated the provisions of RSA 205-C or these rules, the hearings examiner shall determine the appropriate sanction based upon the following factors: (1) The severity of the violation, including the potential harm to public health and safety;(2) The number of violations committed;(3) The purpose of the statute(s) or rule(s) violated;(4) The manufacturer's willingness to cooperate with the department; and(5) The number and nature of any previous violations committed.(d) Upon suspension or revocation of a manufacturer's certification, no state labels shall be attached to any modular building or building component constructed by that manufacturer. The agency shall comply with the requirements set forth in Saf-C 3309.10 pertaining to state label disposition.(e) Upon reinstatement from a suspension, state labels may be attached to modular buildings or building components completed after the date the approval is reinstated.(f) The manufacturer may, no later than 15 days prior to the scheduled hearing, produce records for any units scheduled to go into production prior to the date of the hearing. In the event a suspension or revocation is imposed, the hearings examiner shall determine the disposition of those units scheduled for production.(g) All administrative hearings shall be conducted in accordance with the requirements of Saf-C 200.N.H. Admin. Code § Saf-C 3312.03
#5439, eff 7-24-92; ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;ss by #8741, INTERIM, eff 11-18-06, EXPIRED: 5-17-07
New. #9752, eff 7-9-10
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12737, Effective 3/8/2019, Expires 3/8/2029.