Section 10703 - Non-Compliance Procedures for Certified Operations(a) The registered certifying agent shall notify the certified operation and the department of any denial of certification or proposed fine, proposed suspension, or proposed revocation of a certification pursuant to this chapter.(b)Notice of non-compliance. When an inspection, audit, or review of a certified operation by the registered certifying agent or the department reveals any non-compliance with this chapter, a written notification of non-compliance shall be sent to the certified operation. Such notification shall provide: (1) A description of each non-compliance;(2) The facts upon which the notification of non-compliance is based; and(3) The date by which the certified operation shall rebut or correct each non-compliance and submit supporting documentation of each such correction when correction is possible.(c)Resolution. When a certified operation demonstrates that each non-compliance has been resolved, the registered certifying agent or the department, as applicable, shall send the certified operation a written notification of non-compliance resolution.(d)Proposed suspension or revocation. When rebuttal is unsuccessful or correction of the non-compliance is not completed within the prescribed time period, the registered certifying agent or department official shall send the certified operation a written notification of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as applicable to the non-compliance. When correction of a non-compliance is not possible, the notification of non-compliance and the proposed suspension or revocation of certification may be combined in one notification. The notification of proposed suspension or revocation of certification shall state: (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 certification;(4) The right to request mediation pursuant to section 10704 or request an appeal pursuant to section 10706 of this chapter.(e)Willful violations. Notwithstanding paragraph (b) of this section, if the registered certifying agent or the department has reason to believe that a certified operation has willfully violated the regulations in this chapter, the registered certifying agent or the department shall send the certified operation a notification of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as applicable to the non-compliance.(f)Suspension or revocation. If the certified operation fails to correct the non-compliance, to resolve the issue through rebuttal or mediation, or to file an appeal of the proposed suspension or revocation of certification, the department shall send the certified operation a written notification of suspension or revocation that includes the amount of the administrative fine, pursuant to section 10701(e), if applicable.(g) Eligibility for reinstatement. (1) A certified operation whose certification has been suspended under this section may apply for reinstatement of 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) A new application for certification in compliance with section 10501 of this chapter.(C) Evidence demonstrating correction of each non-compliance and corrective actions taken to comply and remain in compliance with this chapter; and(D) Evidence of payment of all fines in accordance with section 10701(e)(3) and (4).(2) When the items in (g)(1) in this section have been satisfied, the registered certifying agent may issue a new OCal certificate to the operation pursuant to section 10504 of this chapter.(3) A certified operation or a person responsibly connected with an operation whose certification has been revoked will be ineligible to receive certification for a period of five years following the effective date of such revocation.Cal. Code Regs. Tit. 3, § 10703
1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29). Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.
1. New section filed 7-14-2021; operative 7/14/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).