N.Y. Comp. Codes R. & Regs. tit. 6 § 218-7.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 218-7.6 - Corrective action

(a) When this section is invoked pursuant to other sections of this Subpart, the department may require the manufacturer to submit a plan for correcting any deficiencies found by the department. The manufacturer must submit the plan within 30 calendar days after notification. The department may require any of the actions contained in the plan, or may declare a part of the plan to be not in compliance with section 218-7.2(b) of this Subpart unless it finds the plan adequate to correct the deficiencies found by the department. The manufacturer may be required to include in the plan such corrective actions as the cessation of sale of noncomplying parts and corrective advertising to correct misleading information regarding the emission control capabilities of the device and to ensure compliance with New York laws. Nothing in this section prevents the department from also seeking fines for violations of section 218-7.2(b) of this Subpart, or other regulations or laws, as applicable.

(b) The manufacturer may, within 15 calendar days of its receipt of the department's demand for corrective action, request a public hearing on the necessity for or scope of any corrective action required by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 218-7.6

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 3/14/2020