1. (a) Upon completion of its review of a completed application, the department shall issue a certification if all of the following conditions have been met.

   1. (1) All of the information required in Section 3022.1 has been provided by the applicant to the department's satisfaction;
   2. (2) The certification fees required by Section 3060 have been paid;
   3. (3) The department is satisfied that there is no actual or apparent conflict of interest between any manufacturer, architect, engineer or other person and the applicant;
   4. (4) The department is satisfied that the applicant's proposed fee structure is not disproportionate with regard to the services to be performed; and
   5. (5) The department is satisfied that the applicant has the capability and capacity to carry out the activities of this subchapter.
2. (b) The certification of a design approval agency shall expire 36 months from the date the certification was issued. Application for recertification shall be as specified in Section 3022.1.
3. (c) The department may revoke its certification of a design approval agency for cause. For the purposes of this section, “cause” shall be acts or omissions during the certification process or subsequent to certification which would have resulted in a denial of certification if such acts or omissions had occurred or existed prior to certification.
4. (d) A department refusal to issue a certification, or a revocation of certification, shall be subject to an informal administrative appeal before the Director or his or her designee pursuant to Section 3056.

Note: Authority cited: Sections 17003.5, 19990 and 19991.3, Health and Safety Code. Reference: Sections 19990 and 19991.3, Health and Safety Code.

History

1. New section filed 11-18-86; effective upon filing (Register 86, No. 47).