Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Decertification or refusal to
certify. The Department may initiate action against a code
administrator or refuse to issue certification for just cause. Just cause
includes the following:
(1) Failure to remedy
an error or omission specified in a formal warning or to comply with an order
issued by the Department under this section.
(2) Fraud or deceit or making untrue
representations in obtaining a certification.
(3) Failure to remit the required
certification fee.
(4) Violation of
the act or this chapter.
(5)
Incompetence or gross negligence.
(6) Acting in a manner presenting a danger to
the public health and safety.
(7)
Pleading guilty, entering a plea of nolo contendere, being found guilty,
receiving probation without verdict, disposition in lieu of trial or an
Accelerated Rehabilitative Disposition to a felony or any crime relating to the
business of code administrator in the courts of this Commonwealth, a Federal
court or a court of any other state, territory or insular possession of the
United States.
(8) Having a
certification or any authorization to engage in the business of code
administrator revoked or suspended or having other disciplinary action taken,
or an application for certification or authorization to engage in the business
of code administrator refused or denied by the proper authority of another
state or Federal district, territory or insular possession of the United
States, the Federal government or Canada.
(9) Failing to complete continuing education
requirements of the act or engaging in deceit or misrepresentation in the
reporting of continuing education requirements.
(10) Engaging in fraud, deceit or an act of
moral turpitude while acting as code administrator.
(11) Failing to enforce the act or Uniform
Construction Code.
(12) Knowingly
aiding and abetting a person engaging in code administrator activity who is not
currently certified or registered.
(13) Being a third-party agency that does not
comply with §
401.12 (relating to liability
insurance).
(14) Engaging in the
activities of a code administrator or advertising as a code administrator
without a current certification required for the work performed, or
registration issued by the Department.
(b)
Notice and hearing.
Actions of the Department relating to decertification under this section will
be taken subject to the right of notice, hearing and adjudication in accordance
with 2 Pa.C.S. (relating to administrative law and procedure). Decertification
proceedings shall be con-ducted under 1 Pa. Code Part II (relating to the
General Rules of Administrative Practice and Procedure).
(c)
Procedure for
decertification.
(1) The Department
will serve the code administrator with an order to show cause under 1 Pa. Code
§
35.14 (relating to orders to show
cause). The order to show cause shall contain notification that the
certification may be subject to action and the grounds for the action. The
order to show cause shall contain notification that the code administrator is
to respond in writing within 30 days after the date of service of the order.
The Department will also serve a copy of the order to show cause upon the
supervising official in the municipality where the alleged incidents occurred
and upon the code administrator's current employer.
(2) The code administrator may respond in
writing to the allegations in the order to show cause in accordance with 1 Pa.
Code §35.37 (relating to answers to
orders to show cause). If made, the answer shall be filed with the Department
within 30 days after the date of service of the order to show cause.
(3) At the request of the code administrator,
the Department will hold a hearing on the matter. The Secretary will designate
a presiding officer to conduct the hearing and to issue a proposed report under
1 Pa. Code §§35.201-35.207 (relating to proposed
reports generally).
(4) The
presiding officer shall have the power to conduct hearings under 1 Pa. Code
§§35.185-35.190 (relating to presiding
officers). The presiding officer shall issue a proposed report that shall be
served upon counsel of record or to the parties in the hearing. The presiding
officer shall transmit the proposed report and the certified record to the
Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the
Secretary shall, within 30 days after the service of a copy of the proposed
report, file exceptions to the proposed report under 1 Pa. Code §35.211 (relating to procedure to
except to proposed report). A response may be filed within 20 days to the
exceptions.
(6) The Secretary or a
designee will issue a final order under 1 Pa. Code §35.226 (relating to final
orders).
(d)
Types of corrective action. When the Department is authorized
to take action against a code administrator, the Department may:
(1) Administer a formal warning.
(2) Require the code administrator to take
remedial educational courses.
(3)
Decertify the code administrator for a period set by the Department. The
Department will order the code administrator to surrender his certificate after
decertification.
(4) Deny the
application for certification.
(e)
Conditions for reinstatement.
Unless ordered to do so by a court of competent jurisdiction, the
Department will not reinstate certification to a person who was decertified
until the following conditions are met:
(1)
The full period of decertification ordered by the Department has
elapsed.
(2) The person has
complied with conditions imposed by the Department's order of decertification
and recertification would not be detrimental to the public health and
safety.
(3) The person complies
with §
401.4 (relating to application and
identification).
(f)
Subsection (c) supplements 1 Pa. Code §§
35.14,
35.37, 35.201-35.207,
35.185-35.190, 35.211 and 35.226.
This section cited in 34 Pa. Code §
401.4 (relating to application and
identification); 34 Pa. Code §
401.8 (relating to certification
renewal); 34 Pa. Code §
401.11 (relating to certification
of third-party agency); and 34 Pa. Code §
403.104 (relating to Department
review).
