19 Del. Admin. Code § 4103-12.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4103-12.0 - Suspension and/or Revocation of Asbestos Certification

12.1 For the purposes of this Section, the definition for the term "Contractor" or "Professional Service Firm" shall be expanded to include:

12.1.1 If the Contractor or Professional Service Firm, partnership, or association, and all of its members, or if the Contractor is a corporation, any and all of its stockholders, officers or directors, or any and all persons designated to manage or supervise the asbestos abatement activities.

12.2 Facilities Management may, for the cause or for violation of this Regulation or DNREC Regulations, suspend, deny and/or revoke any certification issued under this Regulation. Facilities Management may, at its discretion, issue a "Letter of Reprimand" to the company and/or any individual for minor violations of this regulation. Further, in any circumstances where any Contractor or Professional Service Firm has demonstrated the inability or reluctance to follow safety precautions or project specifications, the Contractor's certification may be immediately suspended and/or revoked.

12.3 In any instance where a Contractor or Professional Service Firm does not follow appropriate health or environmental requirements, that Contractor's certification will be suspended until such time as documented evidence can be presented, establishing full confidence by Facilities Management in the Contractor's ability to perform.

12.4 A Contractor whose certification has been suspended or revoked shall not bid, contract, or subcontract any work involving asbestos abatement within the State of Delaware.

12.5 Contractor suspension and/or revocation will involve the suspension and/or revocation of all principal members of the firm. Any principal in a firm whose certification has been suspended and/or revoked shall not serve on the Board of Directors, as an officer, or have any interest in another firm, certified or applying for certification within the State of Delaware. If it is found that a principal member of a firm whose certification has been suspended and/or revoked serves in any of the above capacities for a firm that is currently certified or seeking certification, that firm's certification may immediately be suspended and/or revoked.

12.6 If a contractor whose certification has been suspended and/or revoked is found to have obtained certification under another name or as a silent partner, or as a member of profit-sharing in another firm, this act will be considered an act of fraud and all firms involved may have their certification suspended and/or revoked.

12.7 A Contractor whose certification has been suspended and/or revoked in any other State or municipality, which has or may have in the future a certification program, may have the Delaware certification immediately suspended and/or revoked.

12.8 If a certified Contractor is barred from bidding on asbestos projects for Federal, State or local government project, that Contractor's certification may immediately be suspended and/or revoked within the State of Delaware.

12.9 If a Contractor is cited or fined by any Federal or State regulatory agency for an asbestos related violation, that violation will be reviewed by Facilities Management for severity and nature. If at the sole discretion of Facilities Management, it is determined that the violation puts the Contractor's qualifications and ability in any doubt, that Contractor's certification may be immediately suspended and/or revoked within the State of Delaware.

12.10 In addition to the above, causes for suspension, denial and/or revocation include, but may not be limited to the following:

12.10.1 Providing false information to Facilities Management.

12.10.2 Shows evidence of a mental or physical impairment, as determined by Facilities Management, which may interfere with the certificate holder's safe performance of asbestos abatement work.

12.10.3 Knowingly or recklessly disregarding safe work practices while performing asbestos abatement work.

12.10.4 Use of non-certified personnel in asbestos abatement work.

12.10.5 Falsification of information on application.

12.10.6 Failure to comply with any regulations or procedures administered by Facilities Management.

12.10.7 Failure to comply with the terms of a Notice of Violation or Administrative Order issued by Facilities Management.

12.10.8 Receiving a total of two stop work orders on any project.

12.10.9 Direct violation of OSHA or EPA regulations regarding asbestos.

12.10.10 Failure to comply with contract specifications.

12.10.11 Failure to comply with DNREC regulations.

12.10.12 Any acts of fraud.

12.10.13 Being loaned, abandoned or allowed to pass from the control of ownership stated in the application.

12.10.14 Conviction of the Contractor, or if the Contractor is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of any person designated to manage or supervise the asbestos abatement activities, of a felony, or two or more misdemeanors involving fraudulent activities.

12.10.15 Failure to complete an asbestos abatement project due to insufficient financial resources to operate and conduct the asbestos abatement activities.

12.10.16 When any person, firm or corporation claims to have been damaged or injured by the gross negligence, incompetency, fraud, dishonest dealing and/or misconduct in the practice of contracting on the part of any Contractor certified hereunder shall file suit upon such claims in any of the courts of record in Delaware and recover judgment in such case, revoke the certificate under which such Contractor is operating at the time of the aforementioned violations.

12.10.17 Any action deemed by Facilities Management as worthy of suspension and/or revocation.

12.10.18 Failure to provide all notices required in Section 9.0 of this Regulation "Required Notices" to Facilities Management in a correct and timely manner.

12.11 If Facilities Management acts to suspend and/or revoke any certification under the provisions of this Section, Facilities Management shall promptly notify the certificate holder in writing, by certified mail, for other reason for suspension and/or revocation. The agency may, at its own discretion, issue a "Letter of Reprimand" to the company and/or any individual for minor violation of the regulation. The notice of suspension and/or revocation will provide necessary information concerning the right to request a hearing before the Director of the Division of Facilities Management.

19 Del. Admin. Code § 4103-12.0

17 DE Reg. 446 (10/1/2013) (Final)