California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 15 - Additional Off-Road Vehicles and Engines Pollution Control Requirements
Article 1 - Evaporative Emission Requirements for off-Road Equipment
Section 2770 - Denial, Suspension or Revocation of Certification

Universal Citation: 13 CA Code of Regs 2770

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Executive Officer for just cause may deny, suspend or revoke an Executive Order of Certification in any of the following circumstances:

(1) An applicant or Holder has materially misrepresented the meaning, findings, effect or any other material aspect of the certification application, including submitting false or incomplete information in its application for certification regardless of the applicant's personal knowledge of the falsity or incompleteness of the information.

(2) An applicant or Holder that uses a label other than the approved label on any engine or equipment, or the label used otherwise fails to comply with the requirements of this Article.

(3) An applicant or Holder may be denied certification or be subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative.

(4) Pursuant to sections 2754.1(b)(10) and (11), 2765(c), and 2769 above.

(5) A Holder does not meet the bond requirements of section 2774.

(b) The Executive Officer shall notify the applicant or Holder by certified mail of any action taken by the Executive Officer to deny, suspend or revoke any certification granted under this Article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification.

(c) A Holder may request that the suspension or revocation be stayed pending a hearing under section 2771. In determining whether to grant the stay, the Executive Officer shall consider the harm the Holder will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the Holder if the stay is not granted.

(d) Once an Executive Order of Certification has been suspended pursuant to (a) above, the Holder must satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the Holder before the Executive Officer will consider reinstating the Executive Order of Certification.

(e) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code.

1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of subsection (a)(4) and new subsection (a)(5) filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).

Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.

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