§ 10.6. Application and review.
(a) Obtaining an application. A person seeking the Department’s approval of a particular type of weighing and measuring device shall request an approved application form from the Department. The prospective applicant may contact the Department at the address in § 2.2 (relating to contacting the Department).
(b) Contents of application form. The application form shall require the following information:
(1) The name and address of the applicant.
(2) A detailed description of the type of weighing and measuring device with respect to which approval is sought.
(3) A copy of any certificate of conformance issued by the National Type Evaluation Program administered by NCWM with respect to that type.
(4) A copy of any certificate of conformance issued by NIST with respect to that type.
(5) Other documentation necessary to a reasoned determination by the Department as to whether the type meets the general standard in § § 10.3 and 10.5 (relating to general standard for approval by the Department; and meeting the general standard for approval). If a certificate of conformance as described in paragraph (3) or (4) is not submitted, a sample of the type—or specifications with respect to the type—shall be submitted as part of the application.
(6) Either a precise description of the manner in which devices of the type with respect to which approval is sought are clearly marked for purposes of identification with the name, initials or trademark of the manufacturer and with the manufacturer’s designation which positively identifies the pattern or design of the device, or an explanation of the reason it is impracticable to mark the devices as required by this section and a request for a waiver of some or all of these marking requirements under section 4174 of the act (relating to marking of approved weights and measures).
(7) Other information the Department might reasonably require in considering approval.
(c) Submitting the application. The applicant shall forward the completed application form to the address in § 2.2.
(d) Review by Department. The Department will complete its review of an application within 30 days of receiving a complete application form. If the Department requests additional information from an applicant, this 30-day period does not commence until the requested information is received. The Department will approve a type of weighing and measuring device if it meets the standards for approval in § § 10.3 and 10.5. The Department will mail the applicant either a certificate of approval or a notice of disapproval within that 30-day period. A notice of disapproval will contain an explanation of the basis upon which the decision to disapprove was made, and otherwise meet the requirements of section 4172 of the act (relating to certificates of approval; notice of disapproval; appeals).
(e) Review of decision to disapprove a device type. An applicant shall follow the procedure in section 4172 of the act to obtain review of a decision by the Department to disapprove a device type.
Cross References This section cited in 70 Pa. Code § 10.4 (relating to basic procedure).
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