§ 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.

(c) Notice of Defense. The manufacturer, supplier, or seller receiving such a notice may voluntarily retract the certification or, within 15 days of service of the accusation, may file a notice of defense.

(d) Request for Hearing.

If the notice of defense contains a request for a hearing, the department shall determine the hearing date and shall deliver or mail a notice of hearing to the responding party at least 10 days prior to such hearing.

(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.

(f) Conduct of Hearing. Hearings pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

HISTORY

1. Amendment of subsection (b) filed 6-16-77; designated effective 7-15-77 (Register 77, No. 25).