§ 145.67. Revocation of certification.
(a) The Department or the appropriate third-party agency may send by certified mail a notice of intent to revoke:
(1) The approval of the manufacturers building system documentation or the related compliance assurance program following a determination by the agency that the issuance of the approval was not made in accordance with sound technical judgment or was based on fraudulent or materially incorrect information or was not made in conformance with the requirements of the act or this title with the result that there could be a risk to the public health, safety and welfare of the citizens of this Commonwealth.
(2) The authority of the manufacturer to receive and to attach insignia of certification to industrialized housing, housing components, industrialized building or building components following a determination by the agency that the manufacturer is possibly failing in any material respect to conform with its approved building system documentation or to meet its responsibilities under the approved compliance assurance program or that the manufacturer is in violation in any material respect of the act or this title.
(b) Notice of intent to revoke must be in writing and shall be delivered by hand to an officer of the manufacturer or by certified mail to the principal office of the manufacturer. The notice must set forth the reasons for the intent to revoke. If the notice of intent is issued by a third-party agency, the third-party agency shall immediately inform the Department by telephone of the notice and shall promptly send to the Department a copy of the notice. Not less than 15 days but not more than 30 days shall be given to a manufacturer to correct the violations in the notice of intent to revoke.
(c) If the manufacturer fails to correct the violations within the time allowed, the Department will schedule a hearing to consider revocation of:
(1) The certification of industrialized housing, housing components, industrialized building or building components.
(2) The authority of the manufacturer to receive or attach an insignia of certification.
(d) Written notice of the hearing, including the time and place of the hearing and a brief statement of the grounds on which the revocation is considered, will be delivered by hand to an officer of the manufacturer or by certified mail to the principal office of the manufacturer. Copies of the notice will be delivered to every other third-party agency with an implementing contract with the manufacturer. Notice of the hearing may be sent to other interested persons. The hearing will be treated as an appeal, the manufacturer considered the appealing person and the provisions on appeal in § 145.112 (relating to procedures for formal appeal proceedings) is applicable.
(e) Notwithstanding a decision by the Department not to cause a revocation following the hearing required under subsection (c), a third-party agency with an implementing contract with the affected manufacturer shall have an unconditional right to terminate its contract with the manufacturer.
The provisions of this § 145.67 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
(Editors Note: See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.)
The provisions of this § 145.67 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended September 8, 1978, effective March 9, 1979, 8 Pa.B. 2524; corrected September 22, 1978, effective March 9, 1979, 8 Pa.B. 2631; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (349265) to (349266).
This section cited in 12 Pa. Code § 145.72a (relating to frequency of inspections).
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