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DEPARTMENT OF AGRICULTURE

Order; Training and Certification for Certified Parking Meter Inspectors

[48 Pa.B. 610]
[Saturday, January 27, 2018]

Section 1. Purpose; Authority; Duration.

 This Order is a temporary order establishing training and certification requirements and procedures for persons seeking to become Certified Parking Meter Inspectors, and is authorized under the Consolidated Weights and Measures Act, at 3 Pa.C.S.A. § 4115(b).

 This Order is effective as of March 8, 2018 and shall remain in effect until March 8, 2019—one year from date of issuance.

Section 2. Definitions.

 The following word and terms, when used in this order, have the following meanings, unless the context clearly indicates otherwise:

Act—The Consolidated Weights and Measures Act, 3 Pa.C.S. §§ 4101—4194.

Certified parking meter inspector or CPMI—An individual who is certified by the Department of Agriculture to inspect and certify the accuracy of parking meters.

Department—The Department of Agriculture of the Commonwealth.

Section 3. Certified parking meter inspector.

 (a) General. A person may apply to the Department to be designated a certified parking meter inspector (''CPMI'') for purposes of the Act and this order.

 (b) Authority. A CPMI may inspect and certify the accuracy of parking meters as required by the Act.

 (c) Fees. A CPMI may charge a fee for inspection and testing services.

Section 4. Certification standards.

 A person seeking a CPMI certificate from the Department shall do the following:

 (1) Successfully complete an approved training course as described in Section 5 (relating to training courses).

 (2) Pass a Department-administered or Department-approved written test by a score of at least 70%.

 (3) Possess or have access to field standards and test equipment as necessary to inspect, determine and certify the accuracy of parking meters, as required under the Act.

 (4) Comply with the application requirements described in Section 7 (relating to applying for certification) and other requirements of this order.

 (5) Be at least 18 years of age.

Section 5. Training courses.

 (a) Department-administered courses and Department-approved courses. The Department-administered parking meter certification training course meets the requirements of subsection (b) and is an approved training course. The Department will approve additional parking meter certification training courses that meet the application and course-content requirements of this Section.

 (b) Training course; hours and content. A Department-approved parking meter certification training course shall consist of a minimum of four (4) hours of instruction, with at least two (2) hours of classroom training and at least two (2) hours of hands-on training. The training course shall cover the following topics:

 (1) Basic operation of mechanical and digital parking meters.

 (2) Determination and use of appropriate field standards.

 (3) Familiarization with documentation requirements.

 (4) Inspection and testing procedures.

 (5) Noting deficiencies and reporting results.

 (c) Application for approval by Department. A person seeking the Department's approval of a parking meter certification training course shall apply in writing to the Department and provide the following:

 (1) A course outline.

 (2) A description of the subject matter to be addressed in each component of the course, addressing all of the course topic requirements set forth in subsection (a).

 (3) The name and background information of each course instructor, a description of the subject matter to be addressed by that instructor and information to demonstrate the familiarity of the instructor with that subject matter.

 (4) A list of the dates, times and locations at which the training course is to be presented.

 (5) A copy of the proposed written test, together with a copy of the answer key.

 (6) Verification that the person conducting the course shall issue a certificate of completion to any person who successfully completes the course, and shall promptly report the results of the testing required under Section 4, Paragraph (2) (relating to certification standards), above, in writing to the Department.

 (7) Such other information as the Department may reasonably require.

 (d) Obtaining the list of current approved training courses. The Department will provide a current list of approved training courses upon request, and will maintain a copy of the current list on its internet website: www.agriculture.state.pa.us.

 (e) Effect of addition of a course to list of courses. If a training course is added to the list described in subsection (d), a person who has successfully completed that course within six (6) months preceding the date the Department approved the course will be deemed to have successfully completed an approved training course as described in Section 4, Paragraph 1 (relating to certification standards). That person must also meet the requirements of Section 4, Paragraphs (2), (3), (4) and (5) in order to be designated a CPMI.

Section 6. Audit by Department.

 The Department may attend and audit an approved training course to ascertain whether the course is conducted in accordance with the Act and this order. A person offering or conducting an approved training course shall, at least 7 days in advance of conducting the course, mail or deliver to the Department written notification of the date, time and location of the training course. A person offering or conducting an approved training course shall allow the Department's auditors entry to the program and provide copies of course materials.

Section 7. Applying for CPMI certification.

 (a) Application required. A person who has successfully completed a Department-administered or Department-approved parking meter certification training course may apply to the Department for a CPMI certificate. Certification is granted through issuance of the certificate described in Section 8 (relating to CPMI certificate).

 (b) Form of application. A person seeking certification under the Act may obtain an application form from the Department using the contact information provided in Section 14 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:

 (1) The name, mailing address and birth date of the person seeking a certificate.

 (2) The name, location and date of completion of any approved training course completed by the person seeking a certificate.

 (3) A copy of any certificate of completion with respect to the approved training course.

 (4) A detailed description of the equipment the person seeking the CPMI certificate will use in conducting parking meter inspections, including applicable verifications of accuracy, inspection records and other documentation demonstrating the equipment is accurate and in working order.

 (5) The date of the application.

 (6) Other information the Department might reasonably require.

 (c) Departmental action on application. The Department will, within 30 days of receiving an application, mail the applicant a certificate, a disapproval notice or a request for additional clarification or documentation. If the Department requests additional clarification or documentation, its review and consideration of the application will cease until the requested material is received, from which time the 30-day review period shall begin again.

Section 8. CPMI certificate.

 (a) CPMI certificate. The Department will provide a CPMI a CPMI certificate.

 (b) Contents of CPMI certificate. A CPMI certificate will bear the following information:

 (1) The name of the person to whom it is issued.

 (2) The date of issuance.

 (3) A unique identification number.

 (4) A statement that the Department has determined the person identified on the certificate to be a ''CPMI'' with respect to parking meters.

 (5) Other information the Department might reasonably include.

 (c) Ownership of CPMI certificate. A CPMI certificate issued by the Department will remain the property of the Department. A CPMI or other person having physical possession of a certified parking meter certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.

 (d) Obligation to produce CPMI certificate for inspection. A CPMI shall produce the CPMI certificate for inspection upon demand by the Department or any person on whose behalf the CPMI is performing the inspection or test.

Section 9. Expiration of CPMI certificate.

 A CPMI certificate will remain valid unless or until five (5) years or more elapse between consecutive parking meter inspections by the CPMI to whom the CPMI certificate is issued, or unless the CPMI certificate is suspended or revoked in accordance with the procedures in Section 12 (relating to suspension or revocation of certification).

Section 10. Obtaining a new CPMI certificate.

 (a) No renewals: new certificate required. The Department will not renew a CPMI certificate or extend the expiration date of a certificate. A person shall, instead, apply for and obtain a new CPMI certificate in accordance with Section 7 (relating to applying for certification) to be issued a successor CPMI certificate.

 (b) Training course. A person who is applying for a CPMI certificate shall have successfully completed a training course as described in Section 5 (relating to training courses) within six (6) months of the date of the application form.

Section 11. Inspection and testing by the Department.

 (a) Random inspection and testing. The Department may conduct random inspection and testing of parking meters that have been inspected and tested by a CPMI to determine whether the CPMI conducted the inspection and testing in accordance with the Act and this order.

 (b) Inspections generally. In addition to the random inspection and testing described in subsection (a), the Department may conduct inspection and testing of any parking meter that has been inspected and tested by a CPMI.

 (c) Time lapse affecting results. In evaluating the inspection and testing performed by the CPMI, the Department will take into account any lapse of time between an inspection performed by the Department and the inspection performed by the CPMI.

 (d) Reporting of results. Within 30 days following a random inspection, the Department will mail the CPMI written notice of the inspection and the results of that inspection.

 (e) Use of results. The Department may use the results of its inspection and testing to suspend or revoke the certificate of a CPMI in accordance with Section 12 (relating to suspension or revocation of certification), or as the basis for a warning or instruction directed to the CPMI.

Section 12. Suspension or revocation of certification.

 (a) Basis for action. The Department may suspend or revoke a CPMI certificate if the CPMI does one or more of the following:

 (1) Violates a provision of this order.

 (2) Violates a provision of the Act.

 (3) Intentionally or fraudulently reports inaccurate information on an inspection report form.

 (4) Is found, following inspection and testing by the Department in accordance with Section 11 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed testing and inspections of parking meters issued.

 (b) Notice. The Department will provide a CPMI with written notice of its intention to suspend or revoke certification, which will afford the CPMI notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.

 (c) Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected CPMI by personal service or by regular mail to the address provided by the CPMI on his application for a certificate under Section 7 (relating to applying for certification), or to the address most recently provided to the Department in writing by the CPMI as the address to which notices should be sent.

Section 13. CPMI list.

 (a) CPMI list to be maintained. The Department will maintain a current CPMI list containing the following information with respect to each CPMI:

 (1) Name and address.

 (2) Telephone number.

 (3) Fax number (if available).

 (4) The unique identification number of the CPMI's certificate.

 (b) Distribution of copies. The Department will provide a copy of the current CPMI list upon request.

Section 14. Contacting the Department.

 For purposes of this order, a person may contact the Department at the following address:

   Department of Agriculture
Bureau of Ride and Measurement Standards
2301 North Cameron Street
Harrisburg, Pennsylvania 17110-9408
Telephone Number: (717) 787-9089
FAX Number: (717) 783-4158

 This Order is effective as of March 8, 2018.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 18-140. Filed for public inspection January 26, 2018, 9:00 a.m.]



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