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§ 2110. Remedial Action for Assembly-Line Quality Audit Testing of Less Than a Full Calendar Qu...

13 CA ADC § 2110Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing
Article 2. Enforcement of New and in-Use Vehicle Standards
13 CCR § 2110
§ 2110. Remedial Action for Assembly-Line Quality Audit Testing of Less Than a Full Calendar Quarter of Production Prior to the 2001 Model Year.
(a) When this section is invoked prior to the 2001 model year pursuant to other sections of this article or Health and Safety Code Section 43105, the executive officer shall order the manufacturer to submit a remedial action plan to bring all vehicles in possession of the manufacturer into compliance. The manufacturer shall submit the plan within 30 calendar days after it receives the order. The executive officer may order execution of the plan with such changes and additions as he/she determines are necessary, including additional testing and reporting, consistent with the applicable assembly-line test procedures, to verify acceptability of the plan. The plan shall include a schedule for implementing actions to be taken, including identified increments of progress towards implementation, and deadlines for completing each such increment. The executive officer may not order a recall pursuant to this section.
(b) The manufacturer may, within 20 calendar days of its receipt of order for remedial action, request a public hearing of the state board on the necessity for or scope of any corrective action ordered by the executive officer. Such a hearing shall be held by the state board not less than 30 nor more than 60 calendar days after receipt of the manufacturer's request for such a hearing. The plan ordered by the executive officer shall remain in effect pending such hearing, unless otherwise ordered by the executive officer.
(c) Failure by a manufacturer to carry out all corrective actions ordered by the executive officer shall constitute a violation of that order and of Health and Safety Code Section 43105. The executive officer shall extend any deadline in the plan if he/she finds in writing that a manufacturer has shown good cause for such extension. Each vehicle required by the plan issued by the executive officer (including any modifications made by him/her) to receive remedial action which does not receive such action by the deadline(s) included in the plan shall constitute a separate violation of the order and of Health and Safety Code Section 43106.
The state board may hold a public hearing to consider whether approval of such vehicles shall be suspended or conditioned.
The state board shall hold such a hearing if requested to do so by either the affected manufacturer or the executive officer.
After such hearing, the state board may suspend or condition approval if it finds that the corrective action ordered by the executive officer was reasonable and that the manufacturer failed to comply or to comply within the specified time period.

Credits

Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102, 43104 and 43106, Health and Safety Code.
History
1. New section filed 5-4-76; effective thirtieth day thereafter (Register 76, No. 19).
2. Amendment filed 10-22-81; effective thirtieth day thereafter (Register 81, No. 43).
3. Amendment filed 11-30-83; effective thirtieth day thereafter (Register 83, No. 49).
4. Amendment of section heading and subsection (a) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2110, 13 CA ADC § 2110
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