Section 410 IAC 5.1-1-29 - Remedies; right of entry; reciprocityAuthority: IC 16-19-3-4; IC 16-41-38-2
Affected: IC 4-21.5; IC 16-41-38
Sec. 29.
(a) The radon certification of any individual or entity may be denied, revoked, or suspended in accordance with IC 4-21.5 if it is determined that the individual or entity:(1) has engaged in unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the building owner or occupant or the public, including, but not limited to: (A) intentional placement of testing devices in areas likely to bias results; or(B) for radon-222 mitigation, performing mitigation activities in existing buildings without prior testing;(2) does not meet the education, training, and testing requirements for certification;(3) does not submit annual test data as required;(4) does not provide the client with a copy of the notice prepared by the department as required by section 28(d) of this rule; or(5) does not comply with other applicable sections of this rule.(b) No individual may provide applicable radon-222 testing or radon-222 mitigation services after revocation, denial, suspension, or voluntary surrender of a secondary radon tester, primary radon tester, radon laboratory, or radon mitigator certificate.(c) No individual or entity whose certification for primary radon tester, secondary radon tester, radon mitigator, or radon laboratory has been suspended or revoked shall be eligible for reinstatement unless that person or entity establishes, to the satisfaction of the commissioner, the following:(1) The term of suspension prescribed in the order for suspension has elapsed.(2) The individual or entity has complied fully with the terms, if any, of the order for suspension or revocation.(3) The individual or entity can be safely recommended to the public as fit to be reinstated and is able to practice its radon-222 business with reasonable skill and safety.(d) The commissioner, the commissioner's agents, and the commissioner's employees shall have the right to enter, at all reasonable times, in or upon any public or private property, upon presentation of appropriate credentials, to inspect any equipment or records pertaining to radon-222 testing or mitigation, to inspect radon-222 testing laboratories, or to inspect radon-222 mitigation facilities or equipment that have been, or are to be, installed.(e) A person or entity accredited in another state to perform testing for, or mitigation of, radon-222 may be certified under this rule without passing an examination if: (1) the person or entity pays the applicable fee;(2) the state in which the person or entity is accredited maintains an accreditation program substantially similar to the certification program under this rule, as determined by the department; and(3) the person or entity can document successful completion of a training course and exam and current certification by a proficiency program recognized by the EPA specific to the type of certification being obtained.Indiana State Department of Health; 410 IAC 5.1-1-29; filed Oct 27, 1993, 9:00 a.m.: 17 IR 354; errata filed Nov 9, 1993, 9:00 a.m.: 17 IR 410; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFAFiled 11/30/2021, 2:53 p.m.: 20211229-IR-410210023FRA