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

34 Pa. Code § 203.5

This section cited in 34 Pa. Code § 203.9 (relating to enforcement procedures and penalties).