La. Admin. Code tit. 55 § I-607

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-607 - Regulation of Manufacturers

A. Good faith compliance with statutory regulation is required as a condition of continued good standing and approval of a manufacturer and his devices and operations. Neglect of good faith compliance, along with tardy, inaccurate or incomplete reports or record keeping, unavailability of key persons to receive communications from the department or failure to appear before the department for consultations, discussions or clarifications, may give rise to written administrative warnings. Although the intent of this procedure is to provide a less formal method of mutually exploring the respective positions of the department and the manufacturer, this procedure can be utilized in conjunction with more formal methods requiring minutes, etc.

B. Under the general authority of R.S. 15:307(C), the department may impose probationary conditions upon a manufacturer who fails to adhere to the requirements of law. Probations will be imposed in the following manner.

1. Written warning will be provided to a manufacturer at the address provided to the department regarding any neglect or noncompliance with the statutory regulations.

2. If after a reasonable delay the manufacturer fails to comply with the statutory regulations, the department may issue another warning to the manufacturer or impose written probationary conditions upon said manufacturer. The department may withdraw approval of a manufacturer for an indefinite period of time until at least the manufacturer corrects all statutory noncompliance. Any withdrawal of approval shall be in writing and shall state the reasons for said withdrawal and shall be mailed to the manufacturer at the address provided to the department by the manufacturer. The manufacturer shall then notify all installers of its equipment in Louisiana of the withdrawal of approval in writing. The withdrawal of approval may be only partial as to a particular part of the manufacturer's program in those situations where deficiencies of the manufacturer only affect limited activities, persons or situations and where there is no general neglect of all facets of the manufacturer's operation in Louisiana.

C. All written notices to the manufacturer by the department shall be by certified mail, return receipt requested. All such notices shall be sent to the permanent business address of the manufacturer provided to the department by the manufacturer. Ineffective delivery of such written notices shall be deemed the fault of the manufacturer provided that the item is properly addressed to the last-provided permanent business address of the manufacturer. In any event that notice is not actually made due to fault attributed to the manufacturer, notice will be presumed to have been properly given.

La. Admin. Code tit. 55, § I-607

Promulgated by the Department of Public Safety and Corrections, Public Safety Services, Office of State Police, LR 19:781 (June 1993).

AUTHORITY NOTE: Promulgated in accordance with 57 FR, No. 67, 49 FR 48854, R.S. 32:378.2, R.S. 15:306, R.S. 15:307.