Current through Register Vol. 54, No. 45, November 9, 2024
Section 145.75 - Procedures for obtaining approvals of evaluation and inspection agencies(a) An agency seeking to obtain approval of the Department as an evaluation agency or inspection agency shall apply to the Department. The applying agency shall completely and accurately furnish as part of its application pertinent information available to it, including samples where relevant, that relate to the criteria that the Department shall consider in evaluating the application under § 145.73 (relating to criteria for approval of evaluation and inspection agencies). The applying agency shall provide the additional information as the Department may request. The applicant shall utilize application forms that the Department may require. The application shall be accompanied by the fee established under § 145.94 (relating to fees). The application shall become a permanent record of the Department.(b) Prior to a full evaluation of an application for approval, the Department will, within 30 days after receipt of the application, determine whether the application is complete and suitable for processing. In the event that the Department determines that the application is not complete and suitable for processing, it shall notify the applying agency in writing of the unsuitability and the basis thereof. If the applying agency does not remedy the elements of unsuitability within 30 days after the sending of the notice by the Department, the Department will refund all but $100 of the fee of the applying agency and the findings of unsuitability shall be without prejudice. A subsequent application shall be treated as a new application.(c) Following a determination by the Department that an application is complete and suitable for processing, the Department will review and evaluate the information contained in the application and other information that the Department will deem necessary and appropriate to enable it to make an accurate and informed determination of approval or disapproval. The Department may visit the offices and other facilities of the applying agency and meet with its management, technical and other personnel. Within 90 days following the Department's determination that an application is complete and suitable for processing, unless additional time is necessary by reason of the applying agency's failure to furnish information required by the Department, the Department will make its determination whether the applying agency will be approved or will not be approved under this chapter as an evaluation agency or an inspection agency, or both, as the case may be. In the event of a disapproval, the Department will provide the applying agency with a brief written explanation of the reasons for the disapproval. In the event of an approval, the Department will provide the applying person with a brief written letter of approval.(d) The approval by the Department of an agency as an evaluation agency or an inspection agency shall expire on the day of the first anniversary of the date of the Department's letter of approval or the date indicated in the letter of approval.(e) Each approved third-party agency shall within 10 days notify the Department of a major event or occurrence which would materially affect its ability to discharge its responsibilities under this chapter or which constitutes a material change from the information currently on file in the Department with the third-party agency's applications for approval or reapproval. Examples of major events or occurrences are changes of ownership, changes of key supervisory or managerial personnel, changes in the availability of testing equipment, or significant deterioration in its financial condition. The third-party agency shall at reasonable intervals notify the Department of other changes, such as the resignation and appointment of inspectors in the information on file with the Department with the third-party agency's applications for approval or reapproval.The provisions of this §145.75 adopted July 12, 1974, effective 7/13/1974, 4 Pa.B. 1403; amended September 8, 1978, effective 3/9/1979, 8 Pa.B. 2524; corrected September 22, 1978, effective 3/9/1979, 8 Pa.B. 2631. This section cited in 12 Pa. Code § 145.76 (reapprovals of third-party agencies); 12 Pa. Code § 145.78 (relating to contractual arrangements); 12 Pa. Code § 145.91 (relating to reports to the Department); and 12 Pa. Code § 145.94 (relating to fees).