When the state can take back approval of a device

When the director of transportation has reason to believe that a device approved under section 286-83 as being sold commercially does not comply with the requirements of section 286-83, the director may, after giving thirty days' previous notice to the person who has received the approval for the device in this State, conduct a hearing upon the question of compliance of the approved device. After the hearing the director shall determine whether the approved device meets the requirements of section 286-83. If the device does not meet the requirements of section 286-83, the director shall give notice to the person who has received the approval for the device in this State. If at the expiration of ninety days after such notice, the person who has received the approval for the device has failed to satisfy the director that the device as thereafter to be sold meets the requirements of section 286-83, the director shall suspend or revoke the approval issued therefor until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of section 286-83, and may require that all such devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of section 286-83. The director may at the time of retest purchase in the open market and submit to the testing agency one or more sets of such approval devices, and if such device upon retest fails to meet the requirements of section 286-83, the director may refuse to renew the approval of the device.