California Code of Regulations › Title 13 - Motor Vehicles › Division 2 - Department of the California Highway Patrol › Chapter 4 - Special Equipment › Article 11 - Exhaust System Certification › Section 1053 - Retraction of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. Amendment
					 of subsection (b) filed 6-16-77; designated effective 7-15-77 (Register 77, No.
					 25).