(1) The Department, after providing a written notice to a firm in violation of these rules and providing the firm an opportunity to comply, may suspend, revoke, or modify a firm’s certification if a firm has:
- (a) Performed work requiring certification at a job site with individuals who are not accredited and registered by Safe State.
- (b) Failed to comply with the work practice standards established in Rule 420-3-29-.10 (Work Practice Standards for Conducting Renovation) and 420-3-29-.11 (Standards for Conducting Renovation Activities).
- (c) Misrepresented material facts in its letter of application for certification to the Department.
- (d) Failed to maintain required records pursuant to Rules 420-3-29-.11 (Standards for Conducting Renovation Activities) and 420-3-29-.15 (Record Keeping and Reporting Requirements).
- (e) Failed to comply with federal, state, or local lead-based paint statutes, rules, or regulations.
- (f) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.
- (2) Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3 Ala. Admin. Code. Informal settlement conferences may be conducted as provided in the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3.
Author: Salvador Gray, Charles Brookins, James Daughtry
Statutory Authority: Code of Ala.1975, §§22-37A-1, et seq.
History: New Rule: Filed July 27, 2010; effective August 31, 2010. Amended: Published January 31, 2022; effective March 17, 2022.