22 AAC 15.050. Suspension and revocation

(a) The department will, in its discretion, revoke a certification or renewal of a certification, if the department finds

(1) fraud, deceit, misrepresentation, or omission of a significant fact in obtaining certification or renewal of a certification;

(2) that the manufacturer failed to satisfactorily meet the requirements of this chapter, including maintaining a list of authorized installers in this state;

(3) that the device failed to perform satisfactorily and safely in this state; or

(4) that the manufacturer is no longer in business.

(b) Except as provided in (c) of this section, if a revocation is issued under this section, the department will notify the manufacturer of its intent to revoke the certification and give the manufacturer an opportunity to respond.

(c) If the defect presents an immediate risk to the public's health or safety, the department will, in its discretion, immediately suspend the manufacturer's certification or renewal of a certification for a period of up to 10 days. The department will immediately notify the manufacturer, provide an opportunity for the manufacturer to respond, and take steps under (a) and (b) of this section to revoke the certification, if appropriate.

(d) The manufacturer may appeal to the commissioner any adverse decision within 30 days after receipt of the decision. The commissioner will provide the manufacturer an opportunity to provide information relevant to the appeal. The commissioner will issue a written decision within 45 days after receipt of the appeal. A manufacturer may appeal the commissioner's decision to the superior court under court rules for appeals from the decisions of administrative agencies.

History: Eff. 11/7/96, Register 140

Authority: AS 33.05.020

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