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RULE §295.66Compliance: Deaccreditation

(a) After notice to the 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 accredited person or modify, suspend, suspend on an emergency basis, or revoke accreditation under the Texas Asbestos Health Protection Act.

(b) The department may reprimand any accredited person, or may suspend or revoke an accreditation for:

  (1) performing work requiring accreditation at a job site without being in physical possession of initial and current accreditation certificates;

  (2) permitting the duplication or use of one's own accreditation certificate by another;

  (3) performing work for which accreditation has not been received; or

  (4) obtaining accreditation 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.

(c) The contested-case hearing provisions of the Administrative Procedure Act, Texas Government Code, Chapter 2001 shall apply to any enforcement action proposed to be taken under this section. The formal hearing procedures of the department in Chapter 1 of this title (relating to the Board of Health) shall also apply. The person charged with the violation shall be notified of the alleged violation; the grounds upon which the suspension, revocation, or withdrawal is based; the time period during which the suspension, revocation, or withdrawal is effective, whether permanent or otherwise; the conditions, if any, under which the affected entity may receive accreditation or approval in the future; any additional conditions which the Commissioner may impose; and the opportunity to request a hearing prior to final department action to suspend or revoke accreditation or suspend or withdraw approval.

(d) If an accreditation received under §295.57 of this title (relating to Accreditation: Asbestos Abatement in Commercial Buildings) has been suspended, the person(s) named in the suspension shall not be eligible to reapply for accreditation under this section for one year.

(e) If an accreditation received under §295.57 of this title has been revoked, the person(s) named in the revocation shall not be eligible to reapply for accreditation under these sections for three years.

Source Note: The provisions of this §295.66 adopted to be effective December 13, 1998, 23 TexReg 12353.

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