Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 6 - STATE BOARD OF CRANE OPERATORS › CERTIFYING ORGANIZATIONS › Section 6.54 - Determination of application for approval as a certifying organization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
					 an application for approval, the Board will make a determination of
					 completeness of the application.
(b) If the Board has made a determination
					 that the application is incomplete, but the completed portion of the
					 application demonstrates on its face that the applicant's program is not
					 equivalent to NCCCO certification according to the criteria in §
											6.53(d) (relating
					 to required and discretionary bases for disapproval of an application as a
					 certifying organization; bases for approval; and terms of equivalence to
					 NCCCO), the Board will deny the application, advise the applicant in writing of
					 the deficiencies or incompleteness, and the specific grounds on which a
					 determination that the program is not equivalent to NCCCO certification, and
					 advise the applicant of its right to file within 30 days a request for a
					 hearing before the Board, together with supplementation to complete the
					 application.
(c) If the application
					 is incomplete, and the completed portion of the application does not
					 demonstrate that the applicant's program is not equivalent to NCCCO
					 certification, the Board will advise the applicant in writing of the
					 deficiencies or incompleteness, and advise the applicant of its right to
					 supplement the application within 30 days.
(d) If the application is complete, or if the
					 application is incomplete but the applicant has not supplemented the
					 application within 30 days, or if the applicant entity has not requested a
					 continuance of the Board's consideration, the Board may refer the application
					 for review to an appropriate and qualified individual or firm to independently
					 evaluate and review the application for equivalence to NCCCO certification as
					 defined in §
											6.53(d) or the
					 Board may issue an order approving or provisionally denying the
					 application.
(e) If the Board
					 refers the application for an independent evaluation and review, the review
					 will be completed within 60 days with a written opinion provided to the Board
					 by the evaluator expressing an opinion as to the applicant entity's equivalence
					 to NCCCO certification, and a copy of the opinion to the applicant
					 entity.
(f) Upon consideration of
					 the written opinion of the independent evaluation and review, or if the Board
					 has not referred the application for an independent evaluation and review, the
					 Board will enter an appropriate order to approve, schedule a hearing, or
					 provisionally deny the application.
(g) If the Board provisionally denies the
					 application, the Board will advise the applicant of its right to file within 30
					 days a request for a hearing.
(h)
					 Upon filing of a request for a hearing under subsection (b) or (g), the Board
					 will schedule the matter for a hearing.
(i) After a hearing the Board may:
(1) Grant approval to issue certification for
					 all crane types described in ASME Volume B 30 as requested in the
					 application.
(2) Grant approval to
					 issue one or more, but less than all certifications for crane types described
					 in ASME Volume B 30 as requested in the application.
(3) Deny approval to issue any certifications
					 requested in the application.