(b) In order to be eligible for certification, individuals must possess the following qualifications:

1. (1) certification as a certified safety professional (CSP) granted by the Board of Certified Safety Professionals (BCSP);
2. (2) certification as a certified industrial hygienist (CIH) granted by the American Board of Industrial Hygiene (ABIH);
3. (3) certification as a certified safety executive (CSE), certified safety manager (CSM), or certified safety specialist (CSS) granted by the World Safety Organization;
4. (4) New York State license as a professional engineer, with five years of documented professional safety and health experience within the last eight years prior to the filing of the application for certification;
5. (5) a Bachelor of Science degree in industrial hygiene, safety, occupational safety and health, biology, chemistry, environmental health and science, physics, engineering, or a related field, with five years documented professional safety and health experience within the last eight years prior to the filing of the application for certification deemed acceptable by the commissioner;
6. (6) eight and one-half years of documented professional safety and health experience deemed acceptable to the commissioner within the last 10 years prior to the filing of the application for certification;
7. (7) an insurance professional with qualifications as an Associate in Loss Control Management or an Associate in Risk Management plus five years appropriate safety and loss prevention experience; or
8. (8) a department employee designated by the commissioner and in one of the following Civil Service titles: Safety and Health Inspector, Senior Safety and Health Inspector, Associate Safety and Health Inspector, Supervising Safety and Health Inspector, Senior Industrial Hygienist, Associate Industrial Hygienist, Supervising Industrial Hygienist, Principle Industrial Hygienist, Senior Safety and Health Engineer, Associate Safety and Health Engineer or Principle Safety and Health Engineer. Designated department employees are automatically certified.

(g) Upon approval of the application for certification, applicants will be assessed a nonrefundable certification fee which shall be a sliding scale, certification fee for an individual or firms that provide consultation services, as follows:

If the applicant is approved by the department, the nonrefundable application fee of $100 will be applied to the certification fee.

(i) A consultant's certification may be suspended or revoked by the commissioner upon receipt of a complaint by the department and upon a determination by the commissioner that:

1. (1) the consultant's hazard analysis or safety and loss prevention program development is in conflict with generally recognized good safety practices that are applicable to the worksite;
2. (2) the consultant knowingly included false or misleading information in any report required by this rule; or
3. (3) the consultant no longer meets the qualifications for certification set forth in this rule.

(k) A consultant's certificate which has been suspended or revoked may be reinstated under the following circumstances:

1. (1) If the revocation or suspension was premised upon a failure of the consultant to meet the qualifications for certification set forth in this section, upon a demonstration by the consultant that those qualifications have been met.
2. (2) If the revocation or suspension was premised upon findings described in paragraphs (i)(1) and (2) of this section, upon the commissioner's review and approval of the re-application for such certification by the individual. Such re-application may be submitted no sooner than 30 days prior to the expiration of the period of suspension or revocation established by the commissioner.