1. (a) Notice of non-compliance. When an inspection, audit, or review of the registered certifying agent by the department reveals any non-compliance with this chapter, a written notification of non-compliance shall be sent to the registered certifying agent. Such notification shall provide:

   1. (1) A description of each non-compliance;
   2. (2) The facts upon which the notification of non-compliance is based;
   3. (3) The date by which the registered certifying agent shall rebut or correct each non-compliance and submit supporting documentation of each correction when correction is possible.
2. (b) Resolution. When the registered certifying agent demonstrates that each non-compliance has been resolved, the department shall send the registered certifying agent a written notification of non-compliance resolution.

3. (c) Proposed suspension or revocation. When rebuttal is unsuccessful or correction of the non-compliance is not completed within the prescribed time period, the department shall send a written notification of proposed suspension or revocation of accreditation or registration to the registered certifying agent. The notification of proposed suspension or revocation will state whether the registered certifying agent's accreditation or specified areas of accreditation are to be suspended or revoked. When correction of a non-compliance is not possible, the notification of non-compliance and the proposed suspension or revocation may be combined in one notification. The notification of proposed suspension or revocation of accreditation or registration will state:

   1. (1) The reasons for the proposed suspension or revocation;
   2. (2) The proposed effective and expiration dates of the suspension or revocation;
   3. (3) The proposed effective date of the revocation and its impact on future eligibility for accreditation;
   4. (4) The right to file an appeal pursuant to section 10706 of this chapter.
4. (d) Willful violations. Notwithstanding paragraph (a) of this section, if the department has reason to believe that the registered certifying agent has willfully violated the regulations in this chapter, the department shall send a written notification of proposed suspension or revocation of accreditation or registration to the registered certifying agent.
5. (e) Suspension or revocation. When the accredited registered certifying agent fails to file an appeal of the proposed suspension or revocation of accreditation or registration, the department shall send a written notice of suspension or revocation of accreditation or registration to the certifying agent.

6. (f) Cessation of certification activities. The registered certifying agent whose accreditation or registration is suspended or revoked shall:

   1. (1) Cease all certification activities.
   2. (2) Transfer to the department and make available to department officials all records concerning its certification activities that were suspended or revoked.

7. (g) Eligibility for reinstatement.

   1. (1) A certifying agent whose accreditation or registration has been suspended under this chapter may submit a request to the department for reinstatement of its accreditation or registration, to take effect after the expiration date of the suspension or revocation. The request shall be accompanied by evidence demonstrating correction of each non-compliance and corrective actions taken to comply and remain in compliance with this chapter. All fines shall be paid pursuant to section 10701(e)(3) and (4).
   2. (2) A certifying agent whose accreditation or registration is revoked by the department will be ineligible to be accredited or registered as a certifying agent under this chapter for a period of not less than three years following the date of such revocation.

Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.

History

1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).