Section Env-A 1810.10 - License and Certification Suspension, Denial, and Revocation(a) If the department obtains credible information indicating that one or more reasons to suspend or revoke an asbestos abatement license or certification as specified in (i), below, exists, the department shall notify the holder of the license or certification in writing of: (1) The department's intended action;(2) The reason(s) for the intended action; and(3) The date by which the holder of the license or certification shall file a written request for an adjudicative hearing if the holder 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 license or certification 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 license or certification if the department determines that one or more reason(s) to suspend or revoke a license or certification exists but that:(1) The license or certification holder 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 license or certification, the department shall: (1) Notify the license or certification holder 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 license or certification holder 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 license or certification if the department determines that one or more reason(s) to suspend or revoke a license or certification exists and that: (1) The license or certification holder 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 license or certification, the department shall notify the license or certification holder 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 license or certification as specified in (i), below, while an application for renewal of a license or certification is pending, the department shall inform the license or certification holder of the information and offer an opportunity for the license or certification holder to respond to the information prior to a decision being made on the application for renewal.(i) A license or certification shall be denied, suspended, or revoked if: (1) The official record of the applicant, license holder, or certification holder contains violations of health and safety laws or regulations of the United States of America, or any state, which pose a threat to workers or the public;(2) The applicant, license holder, or certification holder has submitted materially false or fraudulent information on an application;(3) The applicant, license holder, or certification holder has failed to submit any required information or documentation with the application; or(4) The applicant, license holder, or certification holder has demonstrated an inability to comply with any applicable federal or state standard for asbestos projects.N.H. Code Admin. R. Env-A 1810.10
(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.