§ 27-36-202 - Revocation of certificate of approval on lighting devices.
27-36-202. Revocation of certificate of approval on lighting devices.
(a) (1) When the State Highway Commission has reason to believe that an approved device as being sold commercially does not comply with the requirements of this subchapter, it may, after giving thirty (30) days' previous notice to the person holding the certificate of approval for such device in this state, conduct a hearing upon the question of compliance of the approved device.
(2) (A) After the hearing, the commission shall determine whether the approved device meets the requirements of this subchapter.
(B) If the device does not meet the requirements of this subchapter, the commission shall give notice to the person holding the certificate of approval for the device in this state.
(b) (1) (A) If, at the expiration of ninety (90) days after such notice, the person holding the certificate of approval for such device has failed to satisfy the commission that the approved device, as thereafter to be sold, meets the requirements of this subchapter, then the commission shall suspend or revoke the approval issued until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this subchapter.
(B) The commission may require that all such devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this subchapter.
(2) (A) At the time of the retest, the commission may purchase in the open market and submit to the testing agency one (1) or more sets of the approved devices.
(B) If the device upon the retest fails to meet the requirements of this subchapter, then the commission may refuse to renew the certificate of approval of the device.