Section Env-A 1809.09 - Suspension, Revocation, or Refusal to Renew Approval as a Training Provider(a) If the department obtains credible information indicating that one or more reasons to suspend or revoke a training provider approval as specified in (i), below, exists, the department shall notify the training provider in writing of: (1) The department's intended action;(2) The reason(s) for the intended action; and(3) The date by which the training provider shall file a written request for an adjudicative hearing if the training provider wishes to contest the proposed action, which date shall be 15 working days from the date of the department's notice.(b) If the department receives a written request for an adjudicative hearing in accordance with (a)(3), above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as applicable to adjudicative proceedings.(c) If the department does not receive a written request for an adjudicative hearing in accordance with (a)(3), above, the approval shall be deemed suspended or revoked, as specified in the notice issued pursuant to (a), above, as of the 16th working day from the date of the department's notice.(d) The department shall suspend a training provider approval if the department determines that one or more reason(s) to suspend or revoke a training provider approval exists but that: (1) The training provider did not act with intent to deceive; and(2) The deficiency(ies) can be corrected so as to conform to applicable requirements.(e) If the department suspends a training provider approval, the department shall: (1) Notify the training provider in writing of the specific deficiency(ies);(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and(3) Inform the training provider in the written notice that if the deficiencies are not corrected within the specified time, the approval shall be deemed revoked.(f) The department shall revoke a training provider approval if the department determines that one or more reason(s) to suspend or revoke a training provider approval exists and that: (1) The training provider acted with intent to deceive; or(2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.(g) If the department revokes a training provider approval, the department shall notify the training provider in writing of the revocation and the reason(s) therefor.(h) If the department obtains credible information indicating that a reason exists to suspend or revoke a training provider approval as specified in (i), below, while an application for renewal of a training provider approval is pending, the department shall inform the training provider of the information and offer an opportunity for the training provider to respond to the information prior to a decision being made on the application for renewal.(i) A training provider approval shall be suspended or revoked if: (1) The training provider is not conducting training that meets the requirements of Env-A 1809.02 or Env-A 1809.03; or(2) The training provider has failed to comply with Env-A 1809.06.N.H. Code Admin. R. Env-A 1809.09
(See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08
Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12172, Effective 5/5/2017, Expires 5/5/2027.