A. The Secretary may deny or revoke approval to sell or use a weighing and measuring device if the Secretary determines that:
(1) The owner or manufacturer has provided false or misleading information about the device;
(2) The device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44 or any other requirement of this chapter; or
(3) The owner or manufacturer has not paid the Secretary the cost of conducting a type evaluation service for that device.
B. Before denying or revoking approval to sell or use a weighing and measuring device, the Secretary shall afford the owner or manufacturer of the device notice and an opportunity to be heard.