Ala. Admin. Code r. 420-3-29-.08

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-29-.08 - Suspension, Revocation, And Modification Of Certifications

(1) The Department, after providing a written notice to a firm in violation of these rules and providing the firm an opportunity to comply, may suspend, revoke, or modify a firm's certification if a firm has:

(a)Performed work requiring certification at a job site with individuals who are not accredited and registered by Safe State.

(b) Failed to comply with the work practice standards established in Rule 420-3-29-.10 (Work Practice Standards for Conducting Renovation) and 420-3-29-.11 (Standards for Conducting Renovation Activities).

(c) Misrepresented material facts in its letter of application for certification to the Department.

(d) Failed to maintain required records pursuant to Rules 420-3-29-.11 (Standards for Conducting Renovation Activities) and 420-3-29-.15 (Record Keeping and Reporting Requirements).

(e) Failed to comply with federal, state, or local lead-based paint statutes, rules, or regulations.

(f) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.

(2) Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3 Ala. Admin. Code. Informal settlement conferences may be conducted as provided in the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3.

Ala. Admin. Code r. 420-3-29-.08

New Rule: Filed July 27, 2010; effective August 31, 2010.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Authors: Salvador Gray, Charles Brookins, James Daughtry

Statutory Authority:Code of Ala.1975, §§ 22-37A-1, et seq.