Section He-P 1606.02 - Denial, Suspension, or Revocation of a License or Certificate(a) The department shall deny a license or certificate of an applicant, a certificate holder, or licensee if he or she: (1) Is in violation of any of the provisions of RSA 130-A or He-P 1600;(2) Fails to submit a completed application that meets the requirements of He-P 1600 within 30 days after being notified of and given an opportunity to supply missing information;(3) Has failed to meet the requirements set forth in He-P 1611 or He-P 1612 for receiving a license or certificate for which the applicant is applying; (4) Has submitted false, misleading, or fraudulent information whether by action or omission;(5) Has failed to comply with a decision of the department, AAU, a settlement or consent agreement, or court issued decision;(6) Has failed to pay an administrative fine imposed by the department or the courts;(7) Has had enforcement action taken by another state or the EPA for lead regulation violations resulting in a current license or certificate being revoked or suspended; (8) Or any of their representatives or employees:a. Provides false or misleading information to the department; b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department; or(9) Has knowingly committed or participated in fraud or misrepresentation in obtaining, using, or maintaining licensure or certification such as:a. Performing work requiring licensure or certification at a job site without having current and valid licenses or certificates available at the job site for inspection;b. Permitting the duplication or use of his or her license or certificate by another;c. Performing lead hazard reduction work or inspections before receiving the appropriate license or certificate from the department; andd. Obtaining a license or certificate through fraud or misrepresentation of educational documents, examination documents, professional registration, or experience requirements.(b) The department shall suspend a license or certificate of a certificate holder, or licensee if he or she: (1) Is in violation of any of the provisions of RSA 130-A or He-P 1600; (2) Has failed to pay an administrative fine imposed by the department or the courts;(3) Has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of money order or certified check within 5 business days of notification; or(4) Or any of their representatives or employees:a. Provides false or misleading information to the department; b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; orc. Fails to provide requested files or documents to the department. (c) The department shall revoke a license or certificate of a certificate holder or licensee if he or she: (1) Has failed to or is unable to comply with the conditions set forth in a decision for suspension, in accordance with (b) above;(2) Has submitted false, misleading, or fraudulent information whether by action or omission;(3) Has failed to comply with a decision of the department, AAU, a settlement or consent agreement, or court issued decision;(4) Has issued a lead educational program completion certificate to an individual who did not meet all of the educational requirements for that completion certificate as defined by He-P 1611; (5) Has had enforcement action taken by another state or the EPA for lead regulation violations resulting in a current license or certificate being revoked or suspended; (6) Has knowingly committed or participated in fraud or misrepresentation in obtaining, using, or maintaining licensure or certification such as: a. Performing work requiring licensure or certification at a job site without having current and valid licenses or certificates available at the job site for inspection;b. Permitting the duplication or use of his or her license or certificate by another;c. Performing lead hazard reduction work or inspections before receiving the appropriate license or certificate from the department; andd. Obtaining a license or certificate through fraud or misrepresentation of educational documents, examination documents, professional registration, or experience requirements; or(7) Is cited a third time under RSA 130-A or He-P 1600 for the same violation within the last 3 inspections.(d) When the department denies, suspends, or revokes a license or certificate, it shall provide written notice, which: (1) Identifies the specific statute or rule that has been violated, if applicable;(2) Identifies the specific sanction(s) that has been imposed, if applicable; and(3) Contains information on the right to a hearing in accordance with RSA 541-A and He-C 200.(e) If the department finds that the public health, safety, or welfare requires emergency action and incorporates such a finding in its order, the department shall order an immediate suspension of a license or certificate pending an adjudicative proceeding to be conducted in accordance with RSA 541-A:30, III and He-C 200.(f) When a license or certificate is revoked by the department, the individual or educational program shall not be eligible to reapply for a license or certificate for 2 years.(g) The 2 year period referenced in (f) above shall begin on:(1) The date of the department's decision to revoke the license or certificate if an administrative hearing has not been requested; or(2) The date a decision is issued by the AAU or court if a hearing is requested.(h) A decision by the department to deny or revoke a license or certificate shall not preclude any other enforcement action authorized under RSA 130-A, 15 USC 2681-2692, and 42 USC 4821-4856.(i) If the individual or educational program reapplies for a license or certificate after the 2 year period as referenced in (f) above, the individual or educational program shall submit, in writing to the department, steps taken to address the violations(s) that led to the revocation.N.H. Admin. Code § He-P 1606.02
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030