14-103.009. Suspension, Revocation, Expiration, or Denial of Source Approval

(1) Suspension. When source approval is suspended, the producer is restricted from shipping all products for use on Department projects.

(a) An individual product shall be suspended when QC test results fall within the conditions specified in Section 2.4 of the Construction Aggregates Manual.

(b) A source shall be suspended when one of the following occurs:

1. Failure to timely supply information required by this rule.

2. Failure of material to meet specification requirements.

3. Failure to take immediate corrective action relative to deficiencies in the performance of the QCP.

4. Certification of material not produced under an approved QCP.

5. Failure to correct any identified deficiency within 30 days after Department notice.

(c) Time Limits. A source placed under suspension must remain suspended for a minimum period of 30 days, but not more than 90 days. If the problems are corrected within this time frame, the source will be placed on Conditional Approval. If the problems have not been corrected, the source’s approval will be revoked.

(2) Revocation. When source approval is revoked, the producer is prohibited from shipping or certifying aggregates for Department use or Department projects.

(a) A source’s approval shall be revoked when one of the following occurs:

1. A suspended source has failed to correct its problems within 90 days of the date of Suspension.

2. A source using the Conditional QC Certification System fails to qualify for Full QC Certification System within six months following a period of suspension.

3. Shipping of non-specification aggregate.

4. Failure to meet or comply with any requirements of Rule 14-103.004, F.A.C.

(b) When a source’s approval has been revoked, it will not be eligible for re-approval for a minimum period of six months from the date of revocation. Subsequent re-approval is subject to application requirements of Rule 14-103.004, F.A.C.

(3) Expiration or Extension of Approval. A source’s approval will automatically expire if it has not furnished material for Department use or Department projects for a period of 365 days, unless an extension of approval is requested in writing, prior to the expiration date, by the producer to the State Materials Engineer.

(a) Extension of approval will be predicated on the continued operation of the source’s QCP during the previous 365 days and the source’s continuing to meet all the requirements of this rule chapter.

(b) Approval will be extended only once for an additional 365 days. If, at the end of the extension, the source still has not furnished aggregate for Department use or Department projects, source approval will again expire and re-approval is subject to reapplication.

(c) Individual products from any source which have not been supplied for Department use or Department projects for a period of 365 days will be removed from the list of approved products for that source, unless an extension is requested. This includes existing material inventory made under a QCP meeting specifications, and for which identification and specific records and test data are available. Extensions will be granted for up to 365 days.

(4) Denial. A producer’s request for source or product approval will be denied when any one of the following occurs:

(a) Incomplete or inadequate QCP.

(b) Failure of material to meet specification requirements.

(c) Results of the Department’s inspection and testing do not agree with information and test results furnished by the producer.

(d) Results of the Department’s inspection indicate material properties or characteristics which may be a potential problem.

(e) The producer fails, upon receipt of notice from the Department related to any requirement of this rule, to correct the deficiency(ies) within 30 days.

(5) The Department shall give written notice of its intended action to suspend, revoke or deny approval. Notice of the Department’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule 28-106.201 or 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111, F.A.C.

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 1-17-99, 7-20-05.