(a) A certification or course provider application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that all of the following conditions are met:
- (1) Neither the applicant nor a person identified in the application or involved with the course or its development is in violation of the act or this chapter or has been decertified under § 240.403 (relating to decertification).
- (2) The application is accurate and complete and the applicant is in compliance with the requirements of the act and this chapter.
- (3) The applicant has the qualifications required in this chapter and is capable of performing the activities for which he is seeking certification as required by the act and this chapter.
- (b) The Department may deny the certification or course provider application of a person who has shown a lack of ability or intention to comply with the acts or this chapter, as indicated by past or continuous conduct. A certification lapse under § 240.203(b) (relating to conditions of certification) may be considered evidence of a lack of ability or intention to comply with the acts or this chapter.
Authority
The provisions of this § 240.201 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § § 2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).
Source
The provisions of this § 240.201 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341760).
Cross References
This section cited in 25 Pa. Code § 240.204 (relating to certification renewal).