Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

70 Pa. Code § 5.15. Suspension or revocation of certification.

§ 5.15. Suspension or revocation of certification.

 (a)  Basis for action. The Department may suspend or revoke a UPC/PLU inspector’s certificate if the certificate holder conducts inspections for a private certification program and 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 standard prescribed by NCWM’s Examination Procedure for Price Verification, unless that standard is inconsistent with the act or this chapter.

   (4)  Intentionally or fraudulently reports inaccurate information on a price verification inspection report form.

   (5)  Is found, following inspection and testing by the Department in accordance with §  5.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed an inspection of a UPC scanning system or PLU device.

 (b)  Notice. The Department will provide a certified UPC/PLU inspector 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 certified UPC/PLU inspector by personal service or by regular mail to the address provided by the certified UPC/PLU inspector on the most recent application for a certificate, or to the address most recently provided to the Department in writing by the certified UPC/PLU inspector as the address to which notices should be sent.

Cross References

   This section cited in 70 Pa. Code §  5.14 (relating to inspection and testing by the Department).

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