Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 43 - Minimum Requirements for Radon Testing and Analysis › Rule 641-43.5 - Enforcement Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rescinded IAB
			 12/7/16, effective 1/11/17.
(2) The
			 department may deny, suspend, revoke, modify the certification of a person,
			 place on probation, impose a civil penalty, or refer the case to the office of
			 the county attorney for possible criminal penalties pursuant to Iowa Code
			 chapter 136B, or any combination thereof, when it finds that a certified person
			 or a person who is not certified has committed any of the following:
a. Failing to submit required information or
			 notifications in a timely manner;
b. Failing to maintain the required
			 records;
c. Falsifying approval
			 records, qualifications, or other information or documentation related to
			 certification approval;
d. Failing
			 to comply with the training standards and requirements in 43.3(2);
e. Submitting in the application for approval
			 or reapproval false or misleading statements which the department relied upon
			 in approving the application;
f.
			 Failing to comply with federal, state, or local statutes and regulations,
			 including the requirements of this chapter;
g. Knowingly making misleading, deceptive,
			 untrue, or fraudulent representations involving radon, or engaging in unethical
			 conduct or practice harmful or detrimental to the public. Proof of actual
			 injury need not be established;
h.
			 Using untruthful or improbable statements in advertisements. Use of these
			 statements includes, but is not limited to, the presentation of information to
			 the public by training programs that is false, deceptive, or misleading, or
			 that is promoted through fraud or misrepresentation;
i. Falsifying reports and records required by
			 this chapter;
j. Accepting any fee
			 by fraud or misrepresentation;
k.
			 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;
l. Failing to comply with the terms of a
			 department order or the terms of a settlement agreement or consent
			 order;
m. 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;
n. Failing to respond within 30 days of
			 receipt of communication from the department that was sent by registered or
			 certified mail;
o. Engaging in any
			 conduct that subverts or attempts to subvert a department
			 investigation;
p. Failing to comply
			 with a subpoena issued by the department or failing to cooperate with a
			 department investigation;
q.
			 Failing to pay costs assessed in any disciplinary action;
r. Any condition revealed by the application,
			 supplementary statement, report, record, or other evidence, which would warrant
			 the department's refusal to grant a certification on an original
			 application;
s. Being discontinued
			 or removed from the NRPP or NRSB Radon/Radon Progeny Measurement Proficiency
			 Program; or
t. Failing to submit
			 radon test data as required in
			 641-43.6
			 (136B).