1. (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 (g), below, exists, the department shall notify the holder of the license or certification in writing of:

   1. (1) The department’s intended action;
   2. (2) The reason(s) for the intended action;
   3. (3) For a suspension, the items specified in (e), below: and
   4. (4) 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.
2. (b) If the department receives a written request for an adjudicative hearing in accordance with (a)(4), 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)(4), 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.

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

   1. (1) The license or certification holder 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 license or certification, the department shall:

   1. (1) Notify the license or certification holder 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 license or certification holder in the written notice that if the deficiencies are not corrected within the specified time, the license or certification shall be revoked.

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

   1. (1) The license or certification holder acted with intent to deceive; or
   2. (2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

7. (g) The department shall suspend or revoke a license or certification if:

   1. (1) The license holder or certification holder has a performance history including violations of any state or federal environmental, health, and safety requirements, as follows:

      1. a. That relates to the type of work for which a license or certification is sought under this chapter; and
      2. b. That causes the department to conclude that the license or certificate holder will not be able to comply with these rules or poses a threat to workers or the public;
   2. (2) The license holder or certification holder has submitted materially false or fraudulent information on an application;
   3. (3) The license holder or certification holder has failed to submit any required information or documentation with the application;
   4. (4) The license holder or certification holder has demonstrated an inability to comply with any applicable federal or state requirement for asbestos abatement;
   5. (5) The license or certification holder performs work requiring licensure or certification during asbestos abatement without having applied for and been issued the appropriate license or certification;
   6. (6) The license or certification holder performs work pursuant to Env-A 1808 or Env-A 1810 requiring licensure or certification without being in physical possession of an initial and current license or certification;
   7. (7) The license or certification holder allows for the duplication or use of the license or certification by another entity or person;
   8. (8) The certification holder obtains training from a training provider that does not have approval to offer training for the applicable discipline from either the EPA or a state;
   9. (9) The license or certification holder meets any of the criteria specified in Env-C 209.02 or Env-C 209.03;
   10. (10) A license holder allows work to be performed pursuant to Env-A 1808 or Env-A 1810, by an employee or individual not having a current training certificate or not being in physical possession of a current training certificate;
   11. (11) A certification holder performs work pursuant to Env-A 1808 or Env-A 1810 without having a current training certificate or without being in physical possession of a current training certificate; or
   12. (12) A license holder fails to comply with Env-A 1816.01(a)(2) or any of the requirements of Env-A 1816.01(c).

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