1. (a) If the department obtains credible information indicating that one or more reasons to suspend or revoke a training provider approval as specified in (h), below, exists, the department shall notify the training provider in writing of:

   1. (1) The department’s intended action;
   2. (2) The reason(s) for the intended action; and
   3. (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.
2. (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.
3. (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.

4. (d) The department shall suspend a training provider approval if the department determines that one or more reason(s), as specified in (h), below, to suspend or revoke a training provider approval exists but that:

   1. (1) The training provider did not act with intent to deceive; and
   2. (2) The deficiency(ies) can be corrected so as to conform to applicable requirements.

5. (e) If the department suspends a training provider approval, the department shall:

   1. (1) Notify the training provider in writing of the specific deficiency(ies);
   2. (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. (3) Inform the training provider in the written notice that if the deficiencies are not corrected within the specified time, the approval shall be revoked.

6. (f) The department shall revoke a training provider approval if the department determines that one or more reason(s), as specified in (h), below, to suspend or revoke a training provider approval exists and that:

   1. (1) The training provider acted with intent to deceive; or
   2. (2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.
7. (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.

8. (h) The department shall suspend or revoke a training provider approval if the training provider:

   1. (1) Is not conducting training that meets the requirements of Env-A 1814.02 or Env-A 1814.03;
   2. (2) Has failed to comply with Env-A 1814.06;
   3. (3) Misrepresents the extent of a training course’s approval by a state or the EPA;
   4. (4) Falsified approval records, instructor qualifications, or other approval information;
   5. (5) Submits materially false or fraudulent information on an application; or
   6. (6) Meets any of the criteria specified in Env-C 209.02 or Env-C 209.03.

Source. (See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34