N.J. Admin. Code § 7:28-27.29

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:28-27.29 - Denial, suspension, or revocation of a certification; affiliation limitation

(a) The Department may deny a certification to an individual or a business or limit the number of affiliations of a certified individual or business when the individual or business is not in compliance with all provisions of the Act or this subchapter.

(b) The Department may suspend a certification if the certified individual or business:

1. Violates any requirements of the certification or provisions of this subchapter;

2. Violates a statute, rule, or order of the Department;

3. Falsifies, or makes false representations to the Department on, any report, record, application requirement, or other certification requirement;

4. Records faulty measurements or installs malfunctioning or ineffective mitigation systems; or

5. Makes false or misleading claims about tests and/or services offered.

(c) The Department may revoke a certification if the certified individual or business:

1. Violates any requirements of the certification or provisions of this subchapter;

2. Violates any requirements of the certification or provisions of this subchapter for which there was a previous suspension, as listed at (b) above;

3. Violates any requirements of the certification or provisions of this subchapter while a certification is suspended as listed at (b) above;

4. Endangers the public health, safety, and welfare;

5. Operates in such a manner, so as to cause harm, injury, or damage to persons, property, or the environment or poses a significant risk of harm, injury, or damage; or

6. Aids, abets, combines with, or conspires with any person for any purpose that will evade, or be a violation of, the provisions of the Act, this subchapter, or the certification.

(d) The Department may limit the number of affiliations that a certified individual or business may have if the certified individual or business:

1. Violates any requirements of the certification or provisions of this subchapter;

2. Violates a statute, rule, or order of the Department;

3. Falsifies, or makes false representations to the Department, on any report, record, application requirement, or other certification requirement;

4. Records faulty measurements or installs malfunctioning or ineffective mitigation systems; or

5. Makes false or misleading claims about tests and/or services offered.

(e) A notice of denial, suspension, or revocation or a notice to limit the number of affiliations of a certified individual or business shall be issued to the violator.

1. Notices under this section shall be served by way of certified mail or by personal service.

2. A notice under this section shall:

i. Identify the section of the Act, rule, administrative order, suspension notice, or certification violated;

ii. Concisely state the facts that constitute the violation;

iii. Order the violation to cease;

iv. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedure at N.J.A.C. 7:28-27.31; and

v. Become final if a request for adjudicatory hearing is not submitted to the Department in accordance with N.J.A.C. 7:28-27.31 or when a submitted request for adjudicatory hearing, in accordance with N.J.A.C. 7:28-27.31 has been adjudicated and upheld.

(f) The duration of a suspension is at the discretion of the Department and will be determined according to the severity of the violation. The Department will not reinstate a suspended certification until:

1. The entire suspension period has expired; and

2. The reasons for the suspension are eliminated and corrected.

(g) The Department will not withdraw a revocation until:

1. The reasons for the revocation are eliminated and corrected; and

2. The Department permits the individual or business to apply for certification again and issues a new certification.

(h) An individual or business whose certification has been suspended or revoked shall not apply for any certification authorized by this subchapter until the suspended or revoked certification is reinstated.

(i) Upon suspension or revocation, an individual or business shall immediately surrender their certification documents to the Department.

1. The Department shall notify the businesses with which the individual is affiliated that the individual's suspension or revocation is final; or

2. The Department shall notify the business's affiliates that the business's suspension or revocation is final.

(j) The scope and duration of a limitation on the number of affiliates a certified individual or business may have is at the discretion of the Department and will be determined according to the severity of the violation. The Department will not remove the affiliation limitation until the reason(s) for the limitation have been corrected.

(k) Use of any remedy under this section shall not preclude the use of any other remedy available to the Department.

N.J. Admin. Code § 7:28-27.29

Amended and recodified from 7:28-27A.29 by 55 N.J.R. 165(a), effective 12/3/2022