Determination of Non-Compliance
(1)If a manufacturer has not submitted certification to the Department pursuant to OAR 330-092-0035 (Manufacturer Certification of Information Entered in the Multi-State Compliance System) for a product, the Department may change the Oregon status in the M-SCS to “Needing Attestation” and require the manufacturer to provide such certification within 30 days. If certification is not received within 30 days, the Department may change the status to “Non-Compliant” until such time as the certification is provided.
(2)The Department may review any product if it has cause to believe the product may not comply with Oregon’s appliance efficiency standards.
(a)Upon completing its review, the Department will notify a manufacturer in writing of its determination whether the product is in compliance with the appropriate appliance energy efficiency standard. The notification will include:
(A)Identification of the product.
(B)An explanation of any deficiencies in compliance with the applicable standards, testing requirements, or labeling requirements.
(C)The action the Department proposes to take if it determines the product is non-compliant or the information supplied to the Department through the M-SCS database or other means is in error.
(b)The manufacturer must respond to the notice of deficiency within thirty days of mailing.
(c)The Department will make its final determination within fifteen days of receiving the manufacturer’s response.
Rule 330-092-0050 — Determination of Non-Compliance,