§ 1053. Retraction of Certification.
13 CA ADC § 1053Barclays Official California Code of Regulations
13 CCR § 1053
§ 1053. Retraction of Certification.
The exhaust system or parts manufacturer's, supplier's, or seller's certification may be retracted by the department under the following conditions:
(a) Request for Data. Whenever the department has reason to believe that under ordinary conditions of use any certified exhaust system, or parts thereof, does not comply with these regulations, the department may request the manufacturer, supplier, or seller to submit test reports or data demonstrating compliance. The department shall make such a request by certified mail.
If test reports or data are not received by the department within 30 days of the date of request, the department shall consider that such exhaust systems or components do not comply with the regulations. If a manufacturer, supplier, or seller submits a written request setting forth good reason for an extension, the department may grant additional time for response.
(b) Notice of Accusation. After review of the data requested or after departmental tests, the department may give notice of accusation to a manufacturer, supplier, or seller that the department intends to require the manufacturer to retract the certification on the basis that his product fails to comply with the regulations adopted pursuant to Vehicle Code Section 27150.2 or significantly increases the exhaust noise in violation of Vehicle Code Section 27151. The notice of accusation shall set forth those areas in which the exhaust system or components fail to comply.
(e) Notice to Interested Parties. It is desirable that all interested parties are made aware of the proceedings in order to represent their interests. The manufacturer, supplier, or seller who requests the hearing shall provide a copy of the notice of hearing to each person or firm who was furnished a certified catalog or other listing for use in the normal conduct of his business. Included with the notice of hearing shall be a summary of the defense filed by the one requesting the hearing.
Credits
History
1. Amendment of subsection (b) filed 6-16-77; designated effective 7-15-77 (Register 77, No. 25).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 1053, 13 CA ADC § 1053
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