1. (a) If the department obtains credible information indicating that one or more reasons to suspend or revoke an ADS certification, as specified in (g) below, exists, the department shall notify the certification holder, 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, 15 working days from the date of the department’s notice, by which the certification holder shall file a written request for an adjudicative hearing 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 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 certification if the department determines that one or more reasons exists to suspend or revoke the certification, as provided by (g), below, and:

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

5. (e) The department shall suspend a certification if the department determines that one or more reasons exist to suspend or revoke the certification, as provided by (g), below, and:

   1. (1) Given time to do so, the certification holder can correct or eliminate the underlying problem(s); and
   2. (2) The underlying problem(s) were not created knowingly or intentionally by the certification holder.

6. (f) If the department suspends a certification, the department shall:

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

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

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