Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart C - Community Development and Housing › Chapter 145 - INDUSTRIAL HOUSING AND COMPONENTS › THIRD-PARTY AGENCIES › Section 145.79 - Suspension and revocation of third-party agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may suspend or revoke its
					 approval of an evaluation agency or inspection agency if the Department
					 determines that the approval or a reapproval was based on fraudulent or
					 materially inaccurate information, or that the approval or reapproval was
					 issued in violation of this chapter, or that a change of facts or circumstances
					 make it unlikely that the third-party agency can continue to discharge its
					 responsibilities under this chapter in a satisfactory manner, or that the
					 third-party agency had failed to discharge its responsibilities under this
					 chapter in a satisfactory manner or had violated this chapter or its contract
					 with the Department in any material respect. During the period of suspension or
					 revocation, the affected third-party agency may not be authorized to discharge
					 its responsibilities under this chapter or under its contract with the
					 Department, unless otherwise specified in the notice of suspension referred to
					 in subsection (b) or by order of the Department.
(b) A written notice of a suspension under
					 subsection (a) will be delivered by the Department by hand to an officer of the
					 affected third-party agency or by registered mail to the principal office of
					 the affected third-party agency. The written notice will include a brief
					 statement of the reasons for the suspension. Copies of the notice of suspension
					 will be delivered by the Department to manufacturers with implementing
					 contracts with the affected third-party agency either by hand to officers of
					 the manufacturers or by registered mail to the principal offices of the
					 manufacturers. The suspension will be effective on the date the affected
					 third-party agency receives the notice of suspension or on a later date that
					 may be designated in the notice of suspension. The period of suspension will be
					 specified in the notice of suspension, but it may not continue beyond a date 15
					 days after the date the hearing provided for in subsection (c) is
					 held.
(c) Promptly following a
					 suspension under subsection (a), the Department will establish a time and place
					 for a hearing to consider whether the suspension should be lifted or converted
					 to a revocation or what other order, if any, should be issued. The Department
					 will send a written notice of the hearing by hand or by registered mail to the
					 affected third-party agency and to manufacturers with implementing contracts
					 with the affected third-party agency. Notice of the hearing may be sent to
					 other interested persons. The hearing will be treated as an appeal, the
					 affected third-party agency will be considered the appealing person and §
											145.112 (relating to procedures
					 for formal appeal proceedings) is applicable.
(d) The Department may revoke its approval of
					 an evaluation agency or inspection agency without previously suspending its
					 approval. The Department will send a written notice to the affected third-party
					 agency of its intention to consider revocation of its approval, stating the
					 grounds therefor and establishing a time and a place for a hearing on the
					 question. The notice will be sent by hand or by registered mail to the affected
					 third-party agency and to manufacturers with implementing contracts with the
					 affected third-party agency. The notice may be sent to other interested
					 persons. The hearing will be treated as an appeal, the affected third-party
					 agency will be considered the appealing person, and § 145.112 is
					 applicable.
(e) Upon the suspension
					 or revocation of approval of an evaluation agency or inspection agency under
					 this section, a manufacturer with an implementing contract with the affected
					 third-party agency shall have an unconditional right to terminate its contract
					 with the third-party agency and to enter into an implementing contract with
					 another third-party agency.
(f) If
					 the Department determines that there is a substantial threat to the health,
					 safety or welfare of the occupants of industrialized housing or housing
					 structures containing housing components or industrialized buildings or
					 structures containing industrialized building components, because they were
					 manufactured in accordance with building system documentation and related
					 compliance assurance program approved by an evaluation agency whose approval
					 has been suspended or revoked by the Department under this section or were
					 certified by an inspection agency whose approval has been suspended or revoked
					 by the Department under this section, the Department may require the
					 manufacturer to take the actions with respect to the industrialized housing or
					 housing components, industrialized buildings or building components as may be
					 necessary to eliminate substantially the threat to the health, safety or
					 welfare of the occupants.
(g) Upon
					 the suspension or revocation of an evaluation agency or inspection agency under
					 this section, the Department will, upon the request of a manufacturer with an
					 implementing contract with the suspended or revoked third-party agency, consult
					 with the manufacturer to establish a temporary arrangement by which the
					 manufacturer can continue to manufacture, sell, lease and install
					 industrialized housing, housing components, industrialized buildings or
					 building components in conformity with the act and this chapter until the
					 suspension or revocation is lifted or an implementing contract entered into
					 with another third-party agency. For these purposes, the Department may in its
					 sole discretion discharge some or all of the responsibilities of a third-party
					 agency. The Department may also approve another temporary arrangement which the
					 Department determines would best promote the purposes of the act and this
					 chapter under the circumstances.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.79 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.78 (relating to contractual
						  arrangements).