34 Pa. Code § 203.5 - Denial, suspension or revocation of certification or accreditation
(a)
Grounds.
(1) The Department
may deny an application for certification or accreditation, and may suspend or
revoke a certification or accreditation issued under the act and this chapter
for one or more of the following reasons:
(i)
Fraudulently or deceptively obtaining or attempting to obtain accreditation or
certification.
(ii) Failure to meet
the requirements of the act or this chapter.
(iii) Failure to meet applicable Federal or
State standards relating to lead-based-paint activities.
(iv) Failure to pay a required fee.
(v) Failure to meet EPA standards for
conducting lead-based-paint activities found at 40 CFR Part 745 (relating to
lead-based poisoning prevention in certain residential structures).
(b)
Notice and
hearing.
(1) Actions of the
Department related to denial, suspension or revocation will be subject to the
right of notice, hearing and adjudication in accordance with 2 Pa.C.S.
(relating to administrative law and procedure). Hearings will be conducted
under 1 Pa. Code Part II (relating to the General Rules of Administrative
Practice and Procedures).
(2) After
hearing, the Department by written order may affirm, reverse, or modify the
denial, suspension or revocation.
(c)
Administrative proceedings, civil
actions and criminal proceedings. Denial, suspension or revocation of
certification or accreditation will not affect or mitigate an administrative
proceeding, civil action or criminal proceeding permitted by the act or this
chapter or by any other law or regulation.
Notes
This section cited in 34 Pa. Code § 203.9 (relating to enforcement procedures and penalties).
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