Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.10 - Denial, Suspension, or Revocation of Certification; Denial, Suspension, Revocation, or Modification of Course Approval; and Imposition of Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the
			 department finds that the applicant, certified lead professional, or certified
			 firm has committed any of the following acts, the department may deny an
			 application for certification, may suspend or revoke a certification, may
			 prohibit specific work practices, may require a project conducted by persons or
			 firms that are not certified or a project where prohibited work practices are
			 being used to be halted, may require the cleanup of lead hazards created by the
			 use of prohibited work practices, may impose a civil penalty, may place on
			 probation, may require additional education, may require reexamination of the
			 state certification examination, may issue a warning, may refer the case to the
			 office of the county attorney for possible criminal penalties pursuant to Iowa
			 Code section
			 135.38, or may impose
			 other sanctions allowed by law as may be appropriate.
a. Failure or refusal to comply with any
			 requirements of this chapter.
b.
			 Failure or refusal to establish, maintain, provide, copy, or permit access to
			 records or reports as required by rules
			 641-70.3 (135) to
			 641-70.7 (135).
c. Failure or refusal to permit entry or
			 inspection as described in subrules 70.9(1) to 70.9(3).
d. Obtaining or attempting to obtain
			 certification through fraudulent representation.
e. Failure to obtain certification from the
			 department and performing work requiring certification.
f. Fraudulently obtaining certification and
			 engaging in any lead-based paint activities requiring certification.
g. Conducting any part of a lead-based paint
			 activity that requires certification without being certified or with a
			 certification that has lapsed.
h.
			 Obtained documentation of training through fraudulent means.
i. Gained admission to an accredited training
			 program through misrepresentation of admission requirements.
j. Obtained certification through
			 misrepresentation of certification requirements or related documents pertaining
			 to education, training, professional registration, or experience.
k. Performed work requiring certification at
			 a job site without having proof of current certification.
l. Permitted the duplication or use of the
			 individual's or firm's own certificate by another.
m. Failed to follow the standards of conduct
			 required by 641-70.6 (135).
n. Failed to comply with federal, state, or
			 local lead-based paint statutes and regulations, including the requirements of
			 this chapter.
o. Performed work for
			 which certification is required with employees or persons under the control of
			 the certified elevated blood lead (EBL) inspection agency or certified firm who
			 were not appropriately certified.
p. Knowingly made misleading, deceptive,
			 untrue, or fraudulent representations in the practice of lead professional
			 activities or engaged in unethical conduct or practice harmful or detrimental
			 to the public. Proof of actual injury need not be established.
q. Used untruthful or improbable statements
			 in advertisements. This includes, but is not limited to, an action by a lead
			 professional making information or intention known to the public that is false,
			 deceptive, misleading, or promoted through fraud or
			 misrepresentation.
r. Falsified
			 reports and records required by this chapter.
s. Accepted any fee by fraud or
			 misrepresentation.
t. Negligence by
			 the firm or individual in the practice of lead professional activities. This
			 includes a failure to exercise due care, including negligent delegation of
			 duties or supervision of employees or other individuals, whether or not injury
			 results; or any conduct, practice, or conditions that impair the ability of the
			 firm or individual to safely and skillfully practice the profession.
u. Revocation, suspension, or other
			 disciplinary action taken by a certification or licensing authority of this
			 state, another state, territory, or country; or failure by the firm or
			 individual to report such action in writing within 30 days of the final action
			 by such certification or licensing authority. A stay by an appellate court
			 shall not negate this requirement; however, if such disciplinary action is
			 overturned or reversed by a court of last resort, the report shall be expunged
			 from the records of the board.
v.
			 Failed to comply with the terms of a department order or the terms of a
			 settlement agreement or consent order.
w. Representation by a firm or individual
			 that the firm or individual is certified when the certification has been
			 suspended or revoked or has not been renewed.
x. Failed to respond within 20 days of
			 receipt of communication from the department that was sent by registered or
			 certified mail.
y. Engaged in any
			 conduct that subverts or attempts to subvert a department
			 investigation.
z. Failed to comply
			 with a subpoena issued by the department or failure to cooperate with a
			 department investigation.
aa.
			 Failed to pay costs assessed in any disciplinary action.
ab. Been convicted of a felony or misdemeanor
			 related to lead professional activities or the conviction of any felony or
			 misdemeanor that would affect the ability of the firm or individual to perform
			 lead professional activities. A copy of the record of conviction or plea of
			 guilty shall be conclusive evidence.
ac. Unethical conduct. This includes, but is
			 not limited to, the following:
(1) Verbally or
			 physically abusing a client or coworker.
(2) Improper sexual conduct with or making
			 suggestive, lewd, lascivious, or improper remarks or advances to a client or
			 coworker.
(3) Engaging in a
			 professional conflict of interest.
(4) Mental or physical inability reasonably
			 related to and adversely affecting the ability of the firm or individual to
			 practice in a safe and competent manner.
(5) Being adjudged mentally incompetent by a
			 court of competent jurisdiction.
(6) Habitual intoxication or addiction to
			 drugs.
1. The inability of a lead professional
			 to practice with reasonable skill and safety by reason of the excessive use of
			 alcohol on a continuing basis.
2.
			 The excessive use of drugs which may impair a lead professional's ability to
			 practice with reasonable skill or safety.
3. Obtaining, possessing, attempting to
			 obtain or possess, or administering controlled substances without lawful
			 authority.
(7)
			 Registration on a state sex offender registry.