Ala. Admin. Code r. 822-X-2-.06
Current through Register Vol. 43, No. 1, October 31, 2024
Section 822-X-2-.06 - Suspension, Revocation, Or Modification Of Accreditation Of Training Programs, Training Courses, Or Individuals Engaged In Asbestos-Related Activities(1) Procedures for the suspension, revocation, or modification of accreditation of training programs, training courses, or individuals.(a) Safe State may, after notice and an opportunity for a hearing, suspend, revoke, or modify a training program's accreditation or the accreditation of a training course or refresher training course if a training program, training manager, or other person with supervisory authority over the training program has: 1. Misrepresented the contents of an asbestos-related training course or refresher training course to Safe State, the EPA, or any State or Tribe with which Safe State has a written reciprocal agreement, or to the individual(s) enrolled in the training course or refresher training course;2. Failed to submit required information or notifications in a timely manner;3. Failed to submit required information or notifications in the format required by Safe State;4. Failed to maintain required records;5. Falsified accreditation or re-accreditation records, instructor qualifications, or other accreditation-related information or documentation;6. Failed to comply with the training standards and requirements in this Chapter;7. Failed to comply with Federal, State, or local asbestos-related activities statutes or regulations; or8. Made false or misleading statements to Safe State in its application for accreditation or re-accreditation that Safe State relied upon in approving the application.(b) Safe State may, after notice and opportunity for a hearing, suspend, revoke, or modify an individual's accreditation or re-accreditation in a discipline if that individual has: 1. Obtained documentation of asbestos-related training through fraudulent means;2. Knowingly misrepresented that he or she met or satisfied one or more of the admission requirements of a training course or refresher training course;3. Submitted false, fraudulent, or misleading documentation or evidence dealing with the individual's education, training, professional registration, or experience as part of his or her application for accreditation or re-accreditation in a discipline;4. Submitted a false or fraudulent application for individual accreditation or re-accreditation in a discipline;5. Performed asbestos-related work requiring accreditation at a job site without having proof of accreditation available at the job site for inspection;6. Permitted the duplication or use of the individual's own asbestos-related activity certificate by another; or7. Failed to comply with Federal, State, or local asbestos-related activities statutes or regulations.(c) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this Section, evidence of a failure to comply with relevant statutes or regulations.(d) Prior to taking action to suspend, revoke, or modify the accreditation or re-accreditation of an asbestos-related training program, of a training course or refresher training course, or of an individual, Safe State shall notify the affected entity in writing of the following:1. The legal and factual basis for the proposed suspension, revocation, or modification;2. The anticipated commencement date and duration of the proposed suspension, revocation, or modification;3. Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification or to receive accreditation in the future;4. The opportunity and method for requesting a hearing prior to final Safe State action to suspend, revoke, or modify accreditation; and5. Any additional information, as appropriate, that Safe State may provide.(e) If a hearing is requested by the training program or individual, Safe State shall:1. Provide the affected entity an opportunity to offer written statements in response to Safe State's assertions of the legal and factual basis for its proposed action, and any other explanations, comments, and arguments it deems relevant to the proposed action;2. Provide the affected entity 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; and3. Appoint an official or other individual not associated with Safe State as Presiding Officer to conduct the hearing. No person shall serve as the presiding officer if he or she has had any prior association with 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 a hearing;2. Consider all relevant evidence, explanation, comment, and argument submitted; and3. Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a recommendation to the Director of Safe State who shall issue an order that is the final Safe State action that may be subject to judicial review in accordance with the Administrative Procedures Act.(g) If Safe State determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any training program, training course, refresher training course, or individual accreditation prior to the opportunity for a hearing, it shall notify the affected entity in writing of: 1. The intent to immediately suspend its training program, training course, refresher training course, or individual accreditation. If a suspension, revocation, or modification notice has not previously been issued pursuant to paragraph (1)(a) or (1)(b) of this Section, it shall be issued at the same time the emergency suspension notice is issued;2. The grounds for the immediate suspension and why it is necessary to suspend the entity's accreditation before an opportunity for a suspension, revocation, or modification hearing;3. The anticipated commencement date and duration of the immediate suspension; and4. Its right to request a hearing on the immediate suspension within 15 days of the suspension taking place 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 an accredited asbestos-related training program or individual in a hearing under this Section, shall be available to the public, except information that may be entitled to confidential treatment provided in Sections 8-27-(1-6) or Section 41-13-1, Code of Ala. 1975. 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 that may be entitled to confidential treatment provided in Sections 8-27-(1-6) or Section 41-13-1, Code of Ala. 1975.(i) The public shall be notified of the suspension, revocation, modification, or reinstatement of the accreditation of a training program, of a training course or refresher training course, or of an individual accreditation through appropriate mechanisms.(j) Safe State and the EPA may maintain a list of parties whose asbestos-related activity accreditation has been suspended, revoked, modified, or reinstated.(k) In considering an individual's application for accreditation, Safe State shall not recognize a certificate of training issued by any asbestos-related training program for a course which has had its accreditation suspended or revoked by Safe State, another State, a Tribe, or EPA.Authors: John Sikes, Charles Markin
Ala. Admin. Code r. 822-X-2-.06
New Rule: Filed October 1, 2001; effective November 5, 2001.Statutory Authority:Code of Ala. 1975, Title 22 Chapter 39 Acts 1989, No. 89-517; Acts 1997, No. 97-626.