SIP - ALASKA - 18 AAC 52.105 | Region 10 | US EPA

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SIP - ALASKA - 18 AAC 52.105

18 AAC 52.105. ENFORCEMENT PROCEDURES FOR VIOLATIONS BY
CERTIFIED MECHANICS OR STATIONS.

(a) If the department or an implementing agency finds, or has cause to believe, that an act or omission of a certified mechanic or an owner, operator, employee, partner, officer, or member of a certified station violates this chapter, the department will, in its discretion, or the implementing agency may investigate the alleged violation and take appropriate compliance action, civil or criminal, against the certified mechanic or certified station based on the nature and severity of the violation and the party’s history of noncompliance. The department will, in its discretion, or the implementing agency may use an overt or covert performance review to investigate a certified mechanic or station. The department will, in its discretion, initiate the compliance action, including an overt or covert performance review, or participate in a compliance action taken by an implementing agency.

(b) Violations for which the department or an implementing agency might take action under (a) of this section include the following:

(c) As part of a compliance action, the department will, in its discretion, or the implementing agency may issue a notice of violation to the certified mechanic or station unless immediate action is warranted. If required by the department or implementing agency in the notice, the certified mechanic or station shall respond to the alleged violations in the time period specified in the notice.

(d) If the department or implementing agency determines that a violation exists and it is in the public interest to do so, the department will or the implementing agency shall modify, suspend, or revoke the certification of a mechanic or station. A compliance action under this section is subject to the following:

(e) The department will, in its discretion, and an implementing agency may enter into a compliance order by consent with the certified mechanic or station to remedy the alleged violations rather than bring a compliance action or hold a hearing under (d) of this section if the certified mechanic or station agrees to waive its right to a hearing and review. If the department or an implementing agency determines that the mechanic or station has failed to timely implement the terms and conditions of the compliance order, the department will, in its discretion, or the implementing agency may start a compliance action to suspend, modify, or revoke the certification or refuse to renew a certification.

(f) If a certified mechanic or station voluntarily surrenders certification, the department will, in its discretion, or the implementing agency may take further civil or criminal enforcement action as appropriate.

(g) A mechanic or station whose certification is suspended or revoked under this section shall immediately surrender the certificate to the department or the implementing agency, as applicable, surrender all unused certificates of inspection to the implementing agency, and cease doing business as a certified mechanic or station. The implementing agency shall refund the money paid for unused certificates of inspection. The mechanic or station may not advertise that it is certified after its certification is suspended or revoked.

(h) If the owner or operator of a certified station conducts I/M tests at more than one place of business and the acts or omissions of the station warrant it, the commissioner will, in the commissioner’s discretion, and the local I/M administrator may apply an action taken under this section to each such place of business in addition to the place of business as to which the action was taken.

(i) Unless the certification was permanently revoked under (c)(7) of this section, a mechanic or station whose certification was modified, suspended, or revoked may apply for recertification at any time. In addition to meeting the applicable requirements of 18 AAC 52.400 - 18 AAC 52.440, the mechanic or station must provide evidence that the mechanic or station has taken adequate corrective action and has taken action necessary to avoid a reoccurrence of the violation. The department will, in its discretion, and the implementing agency may refuse to renew the certification of a mechanic or station that fails either to take adequate corrective action or to take action necessary to avoid a reoccurrence of the violation.
State effective: 1/01/00; EPA effective: 3/11/02


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URL: http://yosemite.epa.gov/r10/airpage.nsf/SIPs/ALASKA/SIPAlaska52.105

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