1. (a) After notice to the certified or accredited person of an opportunity for a hearing in accordance with subsection (c) of this section, the Texas Department of Health (department) may reprimand the person or modify, suspend, suspend on an emergency basis, or decertify a certification or deaccredit an accreditation.

2. (b) The department may reprimand any certified or accredited person, or may suspend or decertify a certification or deaccredit an accreditation for:

   1. (1) failure to comply with any provision of the Act, any rule adopted by the Texas Board of Health, or any order issued by the department or a court;
   2. (2) failure to comply with applicable federal or state standards for lead-based paint activities;
   3. (3) failure to maintain records as required by these sections;
   4. (4) failure to meet the qualifications for which one holds a certification or accreditation;
   5. (5) fraudulently, by misrepresentation, or deceptively obtaining or attempting to obtain a certification or contract for a lead-based paint activity;
   6. (6) falsifying records that are required to be maintained by this section; or
   7. (7) failure to pay required annual certification or accreditation fees.
3. (c) The contested-case hearing provisions of the Administrative Procedure Act, Texas Government Code, Chapter 2001, shall not apply to any enforcement action proposed to be taken under this section. The department's fair hearing procedures of Chapter 1 of this title (relating to Texas Board of Health), shall apply. Additionally, in cases where the department proposes to deny the issuance or renewal of certification or accreditation, the burden of proof shall be on the applicant to show that said applicant has met requirements or criteria for certification or accreditation.
4. (d) If a certification or accreditation issued under these sections has been suspended, the person(s) named in the suspension are not eligible to reapply for certification or accreditation under these sections of this title (relating to Texas Environmental Lead Reduction) for one year.
5. (e) If a certification issued under these sections of this title (relating to Texas Environmental Lead Reduction) has been decertified, the person(s) named in the decertification are not eligible to reapply for certification under these sections for three years.

Source Note:The provisions of this §295.219 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.