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§ 22220. Noncompliance Procedures for Manufacturers by Registered Certifying Agents.

17 CA ADC § 22220Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 5. Sanitation (Environmental) (Refs & Annos)
Subchapter 2.5. Ocal
Article 9. Actions Between a Certifying Agent and a Manufacturer
17 CCR § 22220
§ 22220. Noncompliance Procedures for Manufacturers by Registered Certifying Agents.
Currentness
(a) The registered certifying agent must notify the manufacturer and the department of any denial of OCal certification or proposed fine, proposed suspension, or proposed revocation of an OCal certification pursuant to this Subchapter.
(b) Notice of noncompliance. When an inspection, audit, or review of a manufacturer by the registered certifying agent reveals any noncompliance with this Subchapter, a written notification of noncompliance must be sent to the manufacturer. Such notification must provide at a minimum:
(1) A description of each noncompliance;
(2) The facts upon which the notification of noncompliance is based; and
(3) The date by which the manufacturer must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.
(c) Resolution. When a manufacturer demonstrates that each noncompliance has been resolved, the registered certifying agent must send the manufacturer a written notification of noncompliance resolution.
(d) Proposed suspension or revocation. When resolution is unsuccessful or correction of the noncompliance is not completed within the prescribed time period, the registered certifying agent must send the manufacturer a written notification of proposed suspension or revocation of OCal certification of the entire operation or a portion of the operation, as applicable to the noncompliance. When correction of a noncompliance is not possible, the notification of noncompliance and the proposed suspension or revocation of OCal certification may be combined in one notification.
The notification of proposed suspension or revocation of OCal certification must state at a minimum:
(1) The reasons for the proposed suspension or revocation;
(2) The proposed effective and expiration dates of such suspension;
(3) The proposed effective date and impact of a revocation on future eligibility for OCal certification; and
(4) The right to request mediation from the department between the manufacturer and the registered certifying agent within 30 calendar days from the notice.
(e) Willful noncompliance. Regardless of paragraph (b), if the registered certifying agent has reason to believe that a manufacturer has willfully violated the regulations in this Subchapter, the registered certifying agent must send the manufacturer a notification of proposed suspension or revocation of OCal certification of the entire operation or a portion of the operation, as applicable to the noncompliance.
(f) Suspension or revocation. If the manufacturer fails to correct the noncompliance, to resolve the issue through mediation, or to file an appeal of the proposed suspension or revocation of OCal certification under Article 10, the certifying agent must send the manufacturer a written notification of suspension or revocation that includes the amount of the administrative fine, if applicable.
(g) Eligibility for reinstatement:
(1) A manufacturer whose OCal certification has been suspended under this section may apply for reinstatement of OCal certification, effective after the period of suspension has ended, by submitting to the registered certifying agent:
(A) A copy of the notice showing the suspension expiration date;
(B) Evidence demonstrating correction of each noncompliance and corrective actions taken to comply and remain in compliance with this Subchapter; and
(C) Evidence of payment of all fines due to the department.
(2) When the items in paragraph (g) in this section have been satisfied, the registered certifying agent may re-issue the OCal certificate to the manufacturer pursuant to this Subchapter.
(3) A manufacturer whose OCal certification has been revoked will be ineligible to receive OCal certification for a period of five years following the effective date of such revocation. The department may, when in the best interest of the certification program, reduce or eliminate the period of ineligibility.

Credits

Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Section 26062.5, Business and Professions Code.
History
1. New article 9 (sections 22220-22230) and section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 22220, 17 CA ADC § 22220
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