Current through Register No. 40, October 3, 2024
(a) The department shall deny a license or
certificate of an applicant, a certificate holder, or licensee if he or she:
(1) Is in violation of any of the provisions
of RSA 130-A or He-P 1600;
(2)
Fails to submit a completed application that meets the requirements of He-P
1600 within 30 days after being notified of and given an opportunity to supply
missing information;
(3) Has failed
to meet the requirements set forth in He-P 1611 or He-P 1612 for receiving a
license or certificate for which the applicant is applying;
(4) Has submitted false, misleading, or
fraudulent information whether by action or omission;
(5) Has failed to comply with a decision of
the department, AAU, a settlement or consent agreement, or court issued
decision;
(6) Has failed to pay an
administrative fine imposed by the department or the courts;
(7) Has had enforcement action taken by
another state or the EPA for lead regulation violations resulting in a current
license or certificate being revoked or suspended;
(8) Or any of their representatives or
employees:
a. Provides false or misleading
information to the department;
b.
Prevents, interferes, or fails to cooperate with any inspection or
investigation conducted by the department; or
c. Fails to provide requested files or
documents to the department; or
(9) Has knowingly committed or participated
in fraud or misrepresentation in obtaining, using, or maintaining licensure or
certification such as:
a. Performing work
requiring licensure or certification at a job site without having current and
valid licenses or certificates available at the job site for
inspection;
b. Permitting the
duplication or use of his or her license or certificate by another;
c. Performing lead hazard reduction work or
inspections before receiving the appropriate license or certificate from the
department; and
d. Obtaining a
license or certificate through fraud or misrepresentation of educational
documents, examination documents, professional registration, or experience
requirements.
(b) The department shall suspend a license or
certificate of a certificate holder, or licensee if he or she:
(1) Is in violation of any of the provisions
of RSA 130-A or He-P 1600;
(2) Has
failed to pay an administrative fine imposed by the department or the
courts;
(3) Has had a check
returned to the department for insufficient funds and has not re-submitted the
outstanding fee in the form of money order or certified check within 5 business
days of notification; or
(4) Or any
of their representatives or employees:
a.
Provides false or misleading information to the department;
b. Prevents, interferes, or fails to
cooperate with any inspection or investigation conducted by the department;
or
c. Fails to provide requested
files or documents to the department.
(c) The department shall revoke a license or
certificate of a certificate holder or licensee if he or she:
(1) Has failed to or is unable to comply with
the conditions set forth in a decision for suspension, in accordance with (b)
above;
(2) Has submitted false,
misleading, or fraudulent information whether by action or omission;
(3) Has failed to comply with a decision of
the department, AAU, a settlement or consent agreement, or court issued
decision;
(4) Has issued a lead
educational program completion certificate to an individual who did not meet
all of the educational requirements for that completion certificate as defined
by He-P 1611;
(5) Has had
enforcement action taken by another state or the EPA for lead regulation
violations resulting in a current license or certificate being revoked or
suspended;
(6) Has knowingly
committed or participated in fraud or misrepresentation in obtaining, using, or
maintaining licensure or certification such as:
a. Performing work requiring licensure or
certification at a job site without having current and valid licenses or
certificates available at the job site for inspection;
b. Permitting the duplication or use of his
or her license or certificate by another;
c. Performing lead hazard reduction work or
inspections before receiving the appropriate license or certificate from the
department; and
d. Obtaining a
license or certificate through fraud or misrepresentation of educational
documents, examination documents, professional registration, or experience
requirements; or
(7) Is
cited a third time under RSA 130-A or He-P 1600 for the same violation within
the last 3 inspections.
(d) When the department denies, suspends, or
revokes a license or certificate, it shall provide written notice, which:
(1) Identifies the specific statute or rule
that has been violated, if applicable;
(2) Identifies the specific sanction(s) that
has been imposed, if applicable; and
(3) Contains information on the right to a
hearing in accordance with RSA 541-A and He-C 200.
(e) If the department finds that the public
health, safety, or welfare requires emergency action and incorporates such a
finding in its order, the department shall order an immediate suspension of a
license or certificate pending an adjudicative proceeding to be conducted in
accordance with
RSA 541-A:30,
III and He-C 200.
(f) When a license or certificate is revoked
by the department, the individual or educational program shall not be eligible
to reapply for a license or certificate for 2 years.
(g) The 2 year period referenced in (f) above
shall begin on:
(1) The date of the
department's decision to revoke the license or certificate if an administrative
hearing has not been requested; or
(2) The date a decision is issued by the AAU
or court if a hearing is requested.
(h) A decision by the department to deny or
revoke a license or certificate shall not preclude any other enforcement action
authorized under RSA 130-A, 15 USC 2681-2692, and
42 USC
4821-4856.
(i) If the individual or
educational program reapplies for a license or certificate after the 2 year
period as referenced in (f) above, the individual or educational program shall
submit, in writing to the department, steps taken to address the violations(s)
that led to the revocation.
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by
#7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by
#8932, eff 7-6-07; ss by #9986, eff
9-1-11
