Current through Register Vol. 54, No. 37, September 14, 2024
Section 4.15 - Suspension or revocation of certification(a)Basis for action. The Department may suspend or revoke a CEWM certificate if the certificateholder does one or more of the following: (1) Violates a provision of this chapter.(2) Violates a provision of the act.(3) Violates an applicable NIST standard, unless that standard is inconsistent with the act or this chapter.(4) Intentionally or fraudulently reports inaccurate information on an inspection report form.(5) Is found, following inspection and testing by the Department in accordance with § 4.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed testing and inspections of the category or type of weighing or measuring device with respect to which the certificate was issued.(b)Notice. The Department will provide a CEWM with written notice of its intention to suspend or revoke certification, which will afford that person notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.(c)Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected certificateholder by personal service or by regular mail to the address provided by the certificateholder on his application for certificate under § 4.8 (relating to applying for certification), or to the address most recently provided to the Department in writing by the CEWM as the address to which notices should be sent. This section cited in 70 Pa. Code § 4.10 (relating to expiration of CEMW certificate); and 70 Pa. Code § 4.14 (relating to inspection and testing by the Department).