§ 39-21-31 — Revocation of certificate of approval

North Dakota § 39-21-31

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-21: Equipment of Vehicles

Text

When the department has reason to believe that an approved lighting device or other safety
equipment, component, or assembly being sold commercially does not comply with the
requirements of this chapter, the department may, after giving thirty days' previous notice to the
person holding the certificate of approval for the device in this state, conduct a hearing upon the
question of compliance of the approved device. After the hearing, the department shall
determine whether the approved device meets the requirements of this chapter. If the device
does not meet the requirements of this chapter, the department shall give notice to the person
holding the certificate of approval for the device in this state of its intention to revoke the
approval.
If at the expiration of ninety days after notice the person holding the certificate of approval
for the device has failed to satisfy the department that the approved device to be sold meets the
requirements of this chapter, the department shall suspend or revoke the approval issued for the
device. The department may require that devices sold after the notification following the hearing
be replaced with devices that do comply with the requirements of this chapter and shall require
the withdrawal of those devices from the market.
When an approval has been suspended or revoked pursuant to this section, the device may
not again be approved unless and until it has been submitted for approval and it has been
demonstrated, in the same manner as in an application for an original approval, that the device
meets the requirements of this chapter. The department may at the time of the retest purchase
in the open market and submit to the testing agency one or more sets of the approved devices,
and if the device upon retest fails to meet the requirements of this chapter, the department may
refuse to renew the certificate of approval of the device. The department may require that all
previously approved devices be effectively recalled and removed from the market as a condition
for reapproval.