28-951. Suspension or revocation; certificate of approval on lighting devices

A. If the department has reason to believe that an approved device that is sold commercially does not comply with the requirements of this article, it may conduct a hearing on the question of compliance of the approved device after giving thirty days' notice to the person holding the certificate of approval for the device in this state. After the hearing, the department shall determine if the approved device meets the requirements of this article. If the device does not meet the requirements of this article, the department shall notify the person holding the certificate of approval for the device in this state.

B. Ninety days after notice if the person holding the certificate of approval for the device has failed to satisfy the department that the approved device meets the requirements of this article, the department:

1. Shall suspend or revoke the approval until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this article.

2. May require the person to replace all of the devices sold since the notification following the hearing with devices that comply with the requirements of this article.

3. At the time of the retest, may purchase in the open market and submit to a testing agency one or more sets of the approved devices. If the device on the retest fails to meet the requirements of this article, the department may refuse to renew the certificate of approval of the device.

28-951. Suspension or revocation; certificate of approval on lighting devices

A. If the department has reason to believe that an approved device that is sold commercially does not comply with the requirements of this article, it may conduct a hearing on the question of compliance of the approved device after giving thirty days' notice to the person holding the certificate of approval for the device in this state. After the hearing, the department shall determine if the approved device meets the requirements of this article. If the device does not meet the requirements of this article, the department shall notify the person holding the certificate of approval for the device in this state.

B. Ninety days after notice if the person holding the certificate of approval for the device has failed to satisfy the department that the approved device meets the requirements of this article, the department:

1. Shall suspend or revoke the approval until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this article.

2. May require the person to replace all of the devices sold since the notification following the hearing with devices that comply with the requirements of this article.

3. At the time of the retest, may purchase in the open market and submit to a testing agency one or more sets of the approved devices. If the device on the retest fails to meet the requirements of this article, the department may refuse to renew the certificate of approval of the device.