Current through Register Vol. 41, No. 3, September 23, 2024
A. The board shall
have the authority to fine any licensee or accredited lead training provider,
training manager or principal instructor, and to deny renewal, to suspend, to
revoke or to deny application for any license or approval as an accredited lead
training program, accredited lead training provider, training manager or
principal instructor provided for under Chapter 5 of Title 54.1 of the Code of
Virginia for:
1. Violating or inducing
another person to violate any of the provisions of Chapter 1, 2, 3, or 5 of
Title 54.1 of the Code of Virginia, or any of the provisions of this
chapter.
2. Obtaining a license,
approval as an accredited lead training program, approval as an accredited lead
training provider or approval as a training manager or principal instructor
through fraudulent means.
3.
Altering, falsifying or issuing a fraudulent Virginia lead license or a
training certificate issued by an accredited lead training provider.
4. Violating any provision of any federal or
state regulation pertinent to lead-based paint activities.
5. Having been found guilty by the board,
another regulatory authority, or by a court, of any misrepresentation in the
course of performing his operating duties.
6. Subject to the provisions of §
54.1-204 of the Code of Virginia, having been convicted or found guilty,
regardless of adjudication in any jurisdiction of the United States, of any
felony or of any misdemeanor involving lying, cheating, or stealing, or of any
violation while engaged in environmental remediation activity that resulted in
the significant harm or the imminent and substantial threat of significant harm
to human health or the environment, there being no appeal pending therefrom or
the time for appeal having elapsed. Any plea of nolo contendere shall be
considered a conviction for the purposes of this chapter. A certified copy of
the final order, decree or case decision by a court or regulatory agency with
lawful authority to issue such order, decree or case decision shall be
admissible as prima facie evidence of such conviction or discipline.
7. Failing to notify the board in writing
within 30 days of pleading guilty or nolo contendere or being convicted or
found guilty of any felony or of any misdemeanor involving lying, cheating, or
stealing or of any violation while engaged in environmental remediation
activity that resulted in the significant harm or the imminent threat of
significant harm to human health or the environment.
8. Negligence, or a continued pattern of
incompetence, in the practice of the discipline in which a lead license is
held.
9. Failing or neglecting to
send any information or documentation that was requested by the board or its
representatives.
10. Refusing to
allow state or federal representatives access to any area of an abatement site
for the purpose of lawful compliance inspections.
11. Any unlawful act or violation of any
provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the
regulations of the board by any lead abatement supervisor or lead abatement
worker may be cause for disciplinary action against the lead abatement
contractor for whom he works if it appears to the satisfaction of the board
that the lead abatement contractor knew or should have known of the unlawful
act or violation.
12. Failing to
notify the board in writing within 30 days after any change in address or
name.
13. Acting as or being an
ostensible licensee for undisclosed persons who do or will control or direct,
directly or indirectly, the operations of the licensee's business.
14. Failing to keep board-approved training
and license current.
B.
Any individual or firm whose license, approval as an accredited lead training
program, approval as an accredited lead training provider or approval as a
training manager or principal instructor is revoked under this section shall
not be eligible to reapply for a period of one year from the effective date of
the final order of revocation. The individual or firm shall meet all education,
experience, and training requirements, complete the application, and submit the
required fee for consideration as a new applicant.
C. The board shall conduct disciplinary
procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the
Administrative Process Act.
Statutory Authority: §§ 54.1-201 and 54.1-501
of the Code of Virginia.
