Article 114 - APPROVED AGENCIES

Section 28-114.1

Section 28-114.1

  §28-114.1  General.  Approved agencies shall satisfy the provisions of
this article and the rules of the department as  to  qualifications  and
operations.  The  commissioner  may revoke or suspend the commissioner's
approval of or otherwise sanction an approved agency for cause.

Section 28-114.1.1

Section 28-114.1.1

  §28-114.1.1   Independent.   An  approved  agency  shall  perform  its
authorized duties objectively and competently. The agency shall disclose
possible conflicts of interest so that objectivity can be confirmed.

Section 28-114.1.2

Section 28-114.1.2

  §28-114.1.2  Testing equipment. An approved agency shall have adequate
testing equipment to perform required  tests.  The  equipment  shall  be
periodically calibrated.

Section 28-114.1.3

Section 28-114.1.3

  §28-114.1.3  Personnel.  An  approved  agency shall employ experienced
personnel qualified to conduct, supervise  and  evaluate  the  tests  or
inspections  that  it  undertakes.  Special inspections may be performed
only by employees of such agency who are  special  inspectors  qualified
pursuant  to  department rules to perform or witness the particular test
or inspection. The commissioner may require proof of the  qualifications
of employees.

Section 28-114.1.4

Section 28-114.1.4

  §28-114.1.4  Background.  The  commissioner  may  require  an approved
agency to submit to an  investigation  of  its  background  and  of  the
background of its principals as a condition of approval.

Section 28-114.1.5

Section 28-114.1.5

  §28-114.1.5  Insurance.  An  approved  agency shall maintain liability
insurance as required by department rules.

Section 28-114.2

Section 28-114.2

  §28-114.2   Written   evaluation   by  approved  agency.  An  agency's
evaluation of material or report of an inspection shall  be  in  writing
after satisfactory completion of the required inspection or test.

Section 28-114.3

Section 28-114.3

  §28-114.3  Records.  The  approved  agency  shall  maintain records of
inspection and test reports for at least six years or for such period as
the commissioner shall determine and shall make such  records  available
to the department upon request.

Section 28-114.4

Section 28-114.4

  §28-114.4  Re-authorization  of  approved agencies. An approved agency
shall have its approval re-authorized in accordance with  rules  of  the
department.