Section 2868 - Denial, Suspension or Revocation of Certification(a) The Executive Officer may, for just cause, deny, suspend, or revoke an Executive Order of Certification or Component Executive Order of Certification in any of the following circumstances:(1) An applicant or EO Holder or Component EO Holder that has materially misrepresented the meaning, findings, effect, or any other material aspect of the certification application, including submitting false or incomplete information in its application for certification regardless of the applicant's personal knowledge of the falsity or incompleteness of the information;(2) An applicant or EO Holder or Component EO Holder that has used a label other than the approved label on any SIMW or evaporative emissions control system component, or the label used otherwise fails to comply with the requirements of this Article;(3) Pursuant to section 2865(d).(4) Failure to comply with any order of the Executive Officer issued pursuant to this Article may result in revocation or conditioning of an Executive Order of Certification or Component Executive Order of Certification in the manner specified in section 2868 as applicable.(b) An applicant or EO Holder or Component EO Holder may be denied certification or be subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative.(c) The Executive Officer must notify the applicant or EO Holder or Component EO Holder by certified mail of any action taken by the Executive Officer to suspend or revoke any certification granted under this Article. The notice must set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification.(d) An EO Holder or Component EO Holder may request that the suspension or revocation be stayed pending a hearing under section 2869. In determining whether to grant the stay, the Executive Officer must consider the harm the EO Holder or Component EO Holder will likely suffer if the stay is not granted. The Executive Officer must deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the EO Holder or Component EO Holder if the stay is not granted.(e) Once an Executive Order of Certification or Component Executive Order of Certification has been suspended pursuant to subsection (a), the EO Holder or Component EO Holder must satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer describing all corrective steps taken by the EO Holder or Component EO Holder before the Executive Officer will consider reinstating the Executive Order of Certification or Component Executive Order of Certification.(f) Nothing in this section will prohibit the Executive Officer from taking any other action provided for by law for violations of the Health & Saf. Code.Cal. Code Regs. Tit. 13, § 2868
1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).