D.C. Mun. Regs. tit. 20, r. 20-3321

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-3321 - NOTICE OF SUSPENSION OR REVOCATION, OR DENIAL OF A LICENSE, ACCREDITATION OR CERTIFICATION

3321.1

After providing notice and opportunity for a hearing, DDOE may suspend, revoke, modify, or refuse to issue, renew, or restore a permit, certification or accreditation issued to an individual, firm, business entity or training provider under this chapter, if DDOE finds that the applicant or holder:

(a) Has failed to comply with a provision of the Acts or a rule in this chapter;

(b) Has misrepresented facts relating to a lead-based paint activity to a client, customer, or DDOE;

(c) Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a certification, permit, or accreditation;

(d) Has submitted a false or fraudulent record, invoice, or report;

(e) Has a history of repeated violations of District or federal law or regulation;

(f) Has had a certificate, permit, or accreditation denied, revoked, or suspended either by DDOE or by another state or jurisdiction;

(g) Has failed to comply with federal or District lead-based paint statutes or regulations;

(h) As a renovation firm, has failed to maintain or has falsified records that are required to be maintained to document compliance with 40 CFR § 745.86;

(i) As a training provider or as an instructor, has provided inaccurate information or inadequate training;

(j) Has committed any of the violations described in 40 CFR § 225(g); or

(k) Does not possess proof of required accreditation, as prescribed by DDOE.

3321.2

In addition to the bases listed in § 3321.1, DDOE may revoke or suspend a business entity or firm certification if it has had its authorization to do business in the District of Columbia revoked or suspended.

3321.3

An action to suspend, revoke, or refuse to issue, renew, or restore a permit, a certification or an accreditation shall be conducted in accordance with the following procedure:

(a) The notice of proposed suspension, revocation, or denial shall be in writing and shall include the following:

(1) The name and address of the applicant for, or holder of, the permit, certification or accreditation;

(2) A statement of the proposed action and the proposed effective date and duration of a proposed refusal to issue, renew, or restore a permit, certification or accreditation, whether for an individual, firm, or a business entity;

(3) A statement of the reasons for the proposed action in compliance with the requirements of D.C. Official Code § 8-231.14;

(4) The method for requesting a hearing to appeal the decision by DDOE before it becomes final; and

(5) Any additional information that DDOE may decide is appropriate; and

(b) If the individual, firm, business entity or training provider requests a hearing pursuant to this section, DDOE shall provide the owner, individual, firm, or business entity an opportunity to submit a written statement in response to DDOE's statement of the legal and factual basis, and to provide any other explanations, comments, and arguments it deems relevant to the proposed action.

3321.4

An individual, firm, business entity or training provider whose certification or accreditation has been suspended, revoked, or denied by DDOE shall not be eligible to apply for any certification or accreditation available under this chapter until a period of ninety (90) days has passed after the effective date of such suspension, revocation or denial.

D.C. Mun. Regs. tit. 20, r. 20-3321

Final Rulemaking published at 60 DCR 10909 (July 26, 2013)

Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2008 Repl. & 2012 Supp.)), the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2008 Repl. & 2012 Supp.)), the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602 (July 18, 2008)), the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq. (2012 Supp.)), Mayor's Order 2009-113, dated June 18, 2009, and the Lead Hazard Prevention and Elimination Amendment Act of 2010 ("2011 Amendments"), effective March 31, 2011 (D.C. Law 18-348; 58 DCR 717 (January 28, 2011)).