Statutes, codes, and regulations
Delaware Administrative Code
Title 19 - LaborOffice of Management and BudgetDivision of Facilities Management
Regulation Governing the State of Delaware Asbestos Certification and Training Program
Section 4103-8.0 - Denial of Contractor Certification

19 Del. Admin. Code § 4103-8.0

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Current through Register Vol. 28, No. 7, January 1, 2025
Section 4103-8.0 - Denial of Contractor Certification
8.1 Facilities Management may deny contractor certification if it determines that the applicant has not demonstrated the ability to comply fully with applicable requirements or a standard of performance. Facilities Management may deny any request for certification if the applicant:
8.1.1 Fraudulently or deceptively attempts to obtain a certification.
8.1.2 Fails at any time to meet the qualifications for certification to comply with any provision or requirement of any rules and regulations adopted by the agency
8.1.3 Has been denied certification or has been decertified in any other State. The review panel will evaluate the comparison of regulations from State to State when making the determination.
8.1.4 Fails to submit a complete application.
8.1.5 Submits information with the application which fails to adequately demonstrate the contractor's ability to safely perform the asbestos abatement work.
8.1.6 If any information exists to indicate that the contractor has failed to meet obligations under a contract or has failed to safely perform any asbestos abatement project.
8.1.7 Has demonstrated repeated deficiencies outlined in Sections 10.0 and 11.0 of this Regulation.
8.1.8 Is under present litigation for asbestos violations in the State of Delaware.
8.2 Facilities Management shall notify the certification applicant in writing no later than thirty (30) days from receipt of the application of the issuance or denial of certification or the need for more information from the applicant in order to process the certification application. Notification of denial of certification on any grounds other than failure to complete the application shall set forth the grounds for denial. An applicant denied certification may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such a hearing within thirty (30) days of denial. The decision of the Director may be appealed to Superior Court in accordance with 16Del.C. Ch. 78. Facilities Management shall retain the application fee if certification is denied.
8.3 When certification is denied on grounds other than failure to complete the application the contractor may reapply for certification upon correction of the grounds for denial by resubmitting necessary applications with supporting evidence that the deficiencies have been corrected. Each re-application for the certification shall be accompanied by the full fee of one hundred dollars ($100.00) for certification review.

19 Del. Admin. Code § 4103-8.0

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