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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-33. REGULATION OF LEAD-BASED PAINT ACTIVITIES |
Section 20-3321. NOTICE OF SUSPENSION OR REVOCATION, OR DENIAL OF A LICENSE, ACCREDITATION OR CERTIFICATION
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3321.1After providing notice and opportunity for a hearing, DDOE may suspend, revoke, modify, or refuse to issue, renew, or restore a permit, certification or accreditation issued to an individual, firm, business entity or training provider under this chapter, if DDOE finds that the applicant or holder:
(a)Has failed to comply with a provision of the Acts or a rule in this chapter;
(b)Has misrepresented facts relating to a lead-based paint activity to a client, customer, or DDOE;
(c)Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a certification, permit, or accreditation;
(d)Has submitted a false or fraudulent record, invoice, or report;
(e)Has a history of repeated violations of District or federal law or regulation;
(f)Has had a certificate, permit, or accreditation denied, revoked, or suspended either by DDOE or by another state or jurisdiction;
(g)Has failed to comply with federal or District lead-based paint statutes or regulations;
(h)As a renovation firm, has failed to maintain or has falsified records that are required to be maintained to document compliance with 40 CFR § 745.86;
(i)As a training provider or as an instructor, has provided inaccurate information or inadequate training;
(j)Has committed any of the violations described in 40 CFR § 225(g); or
(k)Does not possess proof of required accreditation, as prescribed by DDOE.
3321.2In addition to the bases listed in § 3321.1, DDOE may revoke or suspend a business entity or firm certification if it has had its authorization to do business in the District of Columbia revoked or suspended.
3321.3An action to suspend, revoke, or refuse to issue, renew, or restore a permit, a certification or an accreditation shall be conducted in accordance with the following procedure:
(a)The notice of proposed suspension, revocation, or denial shall be in writing and shall include the following:
(1)The name and address of the applicant for, or holder of, the permit, certification or accreditation;
(2)A statement of the proposed action and the proposed effective date and duration of a proposed refusal to issue, renew, or restore a permit, certification or accreditation, whether for an individual, firm, or a business entity;
(3)A statement of the reasons for the proposed action in compliance with the requirements of D.C. Official Code § 8-231.14;
(4)The method for requesting a hearing to appeal the decision by DDOE before it becomes final; and
(5)Any additional information that DDOE may decide is appropriate; and
(b)If the individual, firm, business entity or training provider requests a hearing pursuant to this section, DDOE shall provide the owner, individual, firm, or business entity an opportunity to submit a written statement in response to DDOE’s statement of the legal and factual basis, and to provide any other explanations, comments, and arguments it deems relevant to the proposed action.
3321.4An individual, firm, business entity or training provider whose certification or accreditation has been suspended, revoked, or denied by DDOE shall not be eligible to apply for any certification or accreditation available under this chapter until a period of ninety (90) days has passed after the effective date of such suspension, revocation or denial.