Md. Code Regs. 26.16.01.19

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.16.01.19 - Suspension or Revocation of Accreditation or Training Identification Card

A. The Department may suspend or revoke the accreditation or training identification card of a person accredited or trained under provisions of this chapter if the person:

(1) Misrepresents or falsifies, to the Department, to a client, or to a customer, facts relating to lead paint abatement services;

(2) Fails at any time to meet the qualifications for accreditation or training established in this chapter;

(3) Violates provisions of this chapter or other applicable regulatory requirements;

(4) Is determined by the Department or another competent regulatory authority to be negligent or incompetent in performing lead paint abatement services;

(5) Issues or uses false or altered accreditation, certificates or training identification cards;

(6) As a training provider or an instructor, is determined at any time by the Department to provide inaccurate information or inadequate training; or

(7) Performs an activity at a job site, requiring accreditation or training, without being in physical possession of a current accreditation certificate or training identification card.

B. The Department may send notice of the revocation or suspension of a person's accreditation or training identification card to the person by certified mail. The person may, within 10 days after receipt of the notice, request a hearing. If the Department receives a timely request, the Department shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. Emergency Suspension.

(1) The Department may immediately suspend the accreditation or training identification card of a person accredited or trained under provisions of this chapter on a finding that the public health, safety, or welfare requires emergency action.

(2) The Department shall deliver a written notice to the person that:

(a) Informs the person of the emergency suspension;

(b) Cites the regulation or regulations with which the person has failed to comply that is the basis for the emergency suspension; and

(c) Notifies the person of the right to request a hearing.

(3) The filing of a hearing request does not stay the emergency action.

(4) When an accreditation or training identification card is immediately suspended, the person shall immediately:

(a) Return the accreditation or training identification card to the Department; and

(b) Stop providing lead paint abatement services.

(5) A person aggrieved by the action of the Department under this regulation may appeal the Department's action by filing a request for a hearing within 30 days of the delivery of the notice.

(6) The Secretary's designee shall conduct a hearing within 7 calendar days of the request for a hearing and issue a proposed decision within 10 business days of the close of the hearing record.

(7) Exception may be filed by an aggrieved person under COMAR 26.01.02.

(8) The Secretary shall make a final decision under COMAR 26.01.02.

Md. Code Regs. 26.16.01.19

Regulations .19 adopted as an emergency provision effective November 24, 1995, except Regulations .03, .11, .12, and .13C effective February 24, 1996 (22:24 Md. R. 1874)
Regulations .19 adopted effective May 20, 1996 (23:10 Md. R. 734)
Regulation .19 amended effective November 22, 2004 (31:23 Md. R. 1655)