1. (1) The Commissioner may suspend, refuse to re-accredit, or revoke the accreditation for any accredited individual, firm, or training provider, or may refuse to issue any accreditation for which any person has applied for accreditation, for any violation of this chapter, as well as for the following reasons:

   1. (a) Engaging or offering to engage in any asbestos activity in Tennessee requiring accreditation as a training provider or firm without being accredited, or engaging in or offering to engage in any discipline as an individual without being accredited in that discipline;
   2. (b) For a training provider, misrepresenting the contents of an asbestos initial or refresher training course or training hour requirements;
   3. (c) For a training provider, misrepresenting the extent of a training course’s accreditation by the Commissioner;
   4. (d) For a training provider, failing to comply with the training course requirements of Rule 0400-13-02-.02;
   5. (e) Obtaining documentation of asbestos training or examinations through fraudulent means;
   6. (f) Gaining admission to or completing an accredited asbestos refresher training course through a fraudulent representation of initial or previous refresher training documentation;
   7. (g) Obtaining accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience or submitting false, fraudulent, or misleading documentation as part of the person’s of firm’s application for accreditation or re-accreditation;
   8. (h) Obtaining accreditation using a certificate from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a state that has a contractor accreditation plan at least as stringent as the EPA MAP.
   9. (i) Performing work requiring accreditation at a job site without being in physical possession of a current accreditation identification card;
   10. (j) Permitting the duplication or use of an individual’s own asbestos accreditation certificate or accreditation identification card by another individual;
   11. (k) For a training provider, allowing an approved principal instructor or other individual with supervisory authority over the delivery of a training course to not comply with a requirement or any provision of this chapter;
   12. (l) Failing to maintain any records as required under this chapter;
   13. (m) Failing to submit required information or notifications under this chapter in a timely manner;
   14. (n) Failing to comply with an order of the Commissioner, or failing to demonstrate the skills, techniques, procedures, or knowledge necessary to perform asbestos activities in accordance with the requirements of this chapter;
   15. (o) Engaging in fraud or deception or misrepresentation during the performance of the person’s duties as an accredited individual, firm, or training provider;
   16. (p) Charging the owner or operator of a building for unapproved work or work which was not performed;
   17. (q) Performing an action that causes a release of asbestos;
   18. (r) Submitting false or misleading information or statements to the Commissioner;
   19. (s) Failing to timely submit information requested by the Commissioner;
   20. (t) For a firm, performing asbestos activities requiring accreditation using an individual who is not properly accredited by the Commissioner;
   21. (u) For a firm, allowing an individual with supervisory authority at the work site to violate a requirement or any applicable provision of these rules;
   22. (v) Being convicted, or entering a plea of guilty or no contest, in a court of competent jurisdiction to any crime that occurred while performing asbestos activities in schools or public and commercial buildings, to any crime involving fraud or deception, or to any felony. Such a conviction of or entry of a plea by an individual serving as an officer of a firm or training provider shall constitute grounds for such action against the firm or training provider;
   23. (w) A finding of liability in a civil proceeding arising from performance of asbestos activities in schools or public and commercial buildings, or a finding of liability in a civil proceeding involving fraud or deception. Such a finding of liability against an individual owning 10 percent or more of a firm or training provider or serving as an officer of a firm or training provider shall constitute grounds for such action against the firm or training provider;
   24. (x) Having a compliance history demonstrating an unwillingness or inability to maintain compliance with this chapter. An individual serving as an officer of a firm or training provider having such a compliance history shall constitute grounds for such action against the firm or training provider;
   25. (y) Losing any other professional license, certification, or authorization through applicable procedures of revocation or suspension, including but not limited to federal debarment;
   26. (z) Failure of an individual to use applicable state-of-the-art work practices;
   27. (aa) Failing or refusing to establish and maintain records or reports as required by this chapter, to provide copies of reports or records to the Commissioner as required by this chapter, or to permit access to records or reports by the Commissioner as required by this chapter; or
   28. (bb) Failing or refusing to permit entry or inspection by the Commissioner to ensure compliance with these rules.
2. (2) The Commissioner may suspend or revoke the accreditation of a training provider for some or all of the accredited training courses where an approved training course instructor, or other individual with supervisory authority over the delivery of training, has been found in violation of other asbestos activity regulations. An administrative or judicial finding of violation, or execution of a consent agreement and order constitutes evidence of a failure to comply with such regulations.
3. (3) The Commissioner may take any action authorized under this rule against a firm based on any actions of any employee, principal, or agent in violation of this chapter performed on behalf of the firm.
4. (4) The Commissioner may enforce the provisions of this chapter by issuing an order to a person for payment of any appropriate fees or surcharges authorized under the chapter. The Commissioner may also enforce the provisions of this chapter by issuing an order to suspend, refuse to re-accredit, or revoke the accreditation for any accredited individual, firm, or training provider. Such orders shall be served by certified mail return receipt requested, or in accordance with Tennessee statutes authorizing service of process in civil actions. Such orders shall include the grounds for the order and instructions as to how the person receiving an order can contest it.
5. (5) Any person served an order pursuant to paragraph (4) of this rule may contest the order and request a hearing before the Commissioner by sending a written petition for hearing that sets forth the reasons for contesting the order to the address listed for such a contest on the order. A petition for a hearing under this paragraph must be received by the Commissioner or be postmarked within 30 days of receipt of the order pursuant to paragraph (4) of this rule. Upon timely filing of a written petition contesting an order under this paragraph, the Commissioner shall institute a contested case hearing, and the proposed disciplinary action, assessment of fees and/or surcharges, as set forth in the order shall be suspended pending the conclusion of the contested case hearing.
6. (6) If a written petition requesting review of the order is not filed within 30 days of receipt of the order pursuant to paragraph (5) of this rule, the person against whom the order is issued shall be deemed to have consented to the order and it shall become final.
7. (7) Any contested case hearing before the Commissioner under this chapter shall be conducted in accordance with the Uniform Administrative and Procedures Act, T.C.A. §§ 4-5-301 to -326.

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq. Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.