Ala. Admin. Code r. 822-X-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 822-X-1-.07 - Suspension, Revocation, Or Modification Of Accreditation And Registration Of Training Programs Or Courses Or Individuals Engaged In Lead Hazard Reduction Activities

(1) Procedures for the suspension, revocation, or modification of accreditation and registration of training programs or courses or individuals

(a) Safe State, after providing notice and an opportunity for hearing as provided for herein, may suspend, revoke, or modify a training program's accreditation or registration (including refresher training accreditation or registration) if the training program, its training manager, or other person with supervisory authority over that training program has:

1. Misrepresented the contents of a training course or a refresher training course to EPA, Safe State, any state or tribe with which Safe State has a written reciprocal agreement, or the student population; or

2. Failed to submit required information or notifications in a timely manner or in the format required by Safe State as required by this Chapter; or

3. Failed to maintain the records required by this Chapter; or

4. Falsified accreditation or registration records, instructor qualifications, or other accreditation-related or registration-related information or documentation; or

5. Failed to comply with the training standards and requirements in this Chapter; or

6. Failed to comply with Title IV of TSCA, as amended, Chapter 37A, Title 22, Code of Ala. 1975, as amended, or such other federal, state, or local laws, statutes, or ordinances or any regulations promulgated pursuant thereto, applicable to lead hazard reduction activities or lead-based paint hazards; or

7. Made false or misleading statements to Safe State in its application for accreditation, re-accreditation, registration or re-registration which Safe State relied upon in approving the application.

(b) Safe State may, after providing notice and opportunity for hearing as provided for herein, may suspend, revoke, or modify an individual's accreditation or registration, or both, if an individual has:

1. Obtained training documentation through fraudulent means; or

2. Gained admission to and completed an accredited training course or refresher training course through misrepresentation of admission requirements; or

3. Obtained accreditation or registration through misrepresentation of accreditation or registration requirements or related documents dealing with education, training, professional registration, or experience; or

4. Permitted another person to duplicate or to use the individual's own Alabama Accreditation for Lead Hazard Reduction Activities certificate and/or the individual's own Safe State-issued photo identification card for purposes in violation of this Chapter or law; or

5. Performed lead hazard reduction activities at a project that is certified under the Department's rules in AAC Chapter 420-3-27 without having a Safe State-issued photo identification card in the appropriate discipline available at the job site for inspection; or

6. Made false or misleading statements or approvals of a sampling technician's lead-based paint activities; or

7. Failed to comply with the work practice standards established by the Department's rules in AAC Chapter 420-3-27; or

8. Been subject of a final order imposing a civil penalty or a criminal conviction for engaging in a prohibited act or acts under the Department's rules in AAC Chapter 420-3-27; or

9. Failed to comply with Title IV of TSCA, as amended, Chapter 37A, Title 22, Code of Ala. 1975, as amended, or any other federal, state, or local laws, statutes, or ordinances or any regulations promulgated pursuant thereto, applicable to lead hazard reduction activities or lead-based paint hazards; or

10. Executed a consent agreement in settlement of an enforcement action brought by EPA or the Alabama State Board of Health arising out of or as a result of a violation of Title IV of TSCA, as amended, Chapter 37A, Title 22, Code of Ala. 1975, as amended, or any other federal, state, or local laws, statutes, or ordinances or any regulations promulgated pursuant thereto, applicable to lead hazard reduction activities or lead-based paint hazards.

(c) Prior to Safe State taking action to suspend, revoke, or modify the accreditation or registration of a training program, of a training course, of a refresher training course, or of an individual, Safe State shall notify the training program or individual in writing of the following:

1. A short and plain statement of the grounds for the action and a reference to the rules and laws involved.

2. A statement of the commencement date and duration of the suspension, revocation, or modification should the training program or individual not request a hearing within fourteen (14) calendar days from its receipt of the written notice from Safe State.

3. A statement of the actions, if any, which the training program or individual may take to avoid suspension, revocation, or modification or to receive accreditation or registration in the future.

4. The method for requesting a hearing prior to Safe State taking the action described in the notice.

(d) The notice required by paragraph (1)(c) of this Section may be delivered to the training program or individual either by personal service as in civil actions, by certified mail, return receipt requested, or by expedited delivery or mail service such as United Parcel Service.

(e) If a hearing is requested in a timely manner by the training program or individual, Safe State shall:

1. Provide the training program or individual forty-five (45) calendar days from its receipt of the written notice from Safe State to offer written statements and evidence on all material issues involved, and any other explanations, comments, and arguments that the training program or individual deems relevant to the proposed action.

2. Provide the training program or individual such other procedural opportunities as contained in the Alabama Administrative Procedures Act in Chapter 22 of Title 41, Code of Ala. 1975, as amended, to ensure a fair and impartial hearing.

3. Appoint an official or other individual of the Department as Presiding Officer to conduct the hearing. No person shall serve as the Presiding Officer if he or she has had any prior actual knowledge of the specific matter.

(f) The Presiding Officer appointed pursuant to paragraph (1)(e)3. of this Section shall:

1. Conduct a fair, orderly, and impartial hearing within 90 days of the request for hearing;

2. Consider all relevant evidence, explanations, comments, and arguments submitted.

3. Notify the training program or individual in writing within 90 calendar days of completion of the hearing of the Presiding Officer's decision and order. Such an order is forwarded to the Director of Safe State who shall implement that order as the final Safe State action which may be subject to judicial review in accordance with the Administrative Procedures Act.

(g) If Safe State determines that danger to the public health, interest, or welfare warrants an emergency suspension of the accreditation or registration of a training program, of a training course, of a refresher training course or of an individual prior to the opportunity for a hearing, Safe State shall notify the training program or individual in writing in the manner provided for in this Section of the following:

1. A statement of the immediate suspension of the accreditation or registration of the training program, of the training course, of the refresher training course, or of the individual. If Safe State previously had not issued a suspension, revocation, or modification to the training program or individual pursuant to paragraph (1)(a) or (1)(b) of this Section, Safe State shall issue such notice at the same time the immediate suspension notice is issued.

2. A short and plain statement of the grounds for the immediate suspension action and a reference to the rules or laws involved.

3. A statement that the suspension shall become effective immediately, unless otherwise stated in the notice and the duration of the suspension. The suspension may be effective for a period of not longer than 120 days and shall not be renewable.

4. The training program's or individual's right to request a hearing on the immediate suspension within 15 calendar days from the date of the training program's or individual's receipt of the notice from Safe State and the procedures for the conduct of such a hearing.

(h) Any notice, decision, or order issued by Safe State under this Section, any transcripts or other verbatim record of oral testimony, and any documents filed by training program or individual in a hearing under this Section, shall be available to the public, except as otherwise provided by law. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment provided in Chapter 27 of Title 8, Code of Ala. 1975, or as otherwise provided by law.

(i) The public shall be notified of the suspension, revocation, modification, or reinstatement of the accreditation or registration of a training program, a training course or a refresher training course, or individual through appropriate mechanisms.

(j) Safe State and EPA may maintain a list of training programs, training courses, refresher training courses and individuals whose accreditation or registration has been suspended, revoked, modified, or reinstated.

(k) In considering a person's application for inclusion in the Registry, Safe State shall not recognize a training or refresher training course completion certificate issued by any training program for a training or refresher training course which has had its accreditation or registration suspended or revoked by Safe State, any state, tribe, or the EPA.

Ala. Admin. Code r. 822-X-1-.07

New Rule: Filed June 19, 1998; effective July 24 1998. Amended: Filed December 4, 2003; effective January 8, 2004.

Authors: John Sikes, Gayle Howell, Kim Whitehurst, Charles Markin

Statutory Authority: Act No. 97-553.