1. (a) If the department obtains credible information indicating one or more reasons to revoke or suspend an ADS license, as specified in (g) below, the department shall notify the holder of the license, in writing, of the following:

   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 (f), below; and
   4. (4) The date by which the holder of the license shall file a written request for an adjudicative hearing, which date shall be 15 working days from the date of the department’s notice, if the holder wishes to contest the proposed action.
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 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 revoke a license if the department determines that one or more reasons exist to suspend or revoke the ADS license, as provided by (g) below, and;

   1. (1) The underlying problem(s) cannot be corrected or eliminated; or
   2. (2) The license holder knowingly or intentionally created the underlying problem(s).

5. (e) The department shall suspend an ADS license if the department determines that one or more reasons exist to suspend or revoke the license, as provided by (g) below; and

   1. (1) Given time to do so, the license holder can correct or eliminate the underlying problem(s); and
   2. (2) The license holder did not knowingly or intentionally create the underlying problem(s).

6. (f) If the department suspends an ADS license, the department shall:

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

7. (g) The department shall suspend or revoke an ADS if the license holder:

   1. (1) Submitted false or misleading material information in an application;
   2. (2) Violated the safe work practices prescribed in state and federal asbestos regulations;
   3. (3) Failed to comply with an order of abatement issued pursuant to RSA 141-E:14;
   4. (4) Meets any of the criteria for suspending or revoking an ADS license application specified in Env-C 209.03;
   5. (5) Failed to comply with these rules or the terms and conditions of the license, in accordance with Env-A 1817.10; or
   6. (6) Has a performance history, including violations by the license holder or its responsible persons of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the license holder will not be able to comply with these rules or poses a risk to workers or the public.

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