Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 44 - Minimum Requirements for Radon Mitigation › Rule 641-44.5 - Revocation of Credentialing

Current through Register Vol. 47, No. 3, July 24, 2024
The department will follow the procedures set forth in Iowa
				Code chapter 17A when revoking or suspending any credentials, in whole or in
				part. The department may deny, suspend, revoke, or modify the credentials of a
				person, or may impose a civil penalty or may refer the case to the office of
				the county attorney for possible criminal penalties pursuant to Iowa Code
				chapter 136B when it finds that a credentialed person or a person who is not
				credentialed has committed any of the following acts:
1. Any material misstatement in the
			 application or in any supplementary statement.
2. Any material misstatement in the renewal
			 application or supplementary statement received upon renewal.
3. Any condition revealed by an inspection of
			 the applicant, the application, supplementary statement, report, record, or
			 other evidence, which would warrant refusal by the department's agents or
			 employees to grant a credentialing on an original application.
4. Falsifying approval records,
			 qualifications, or other information or documentation related to licensing
			 approval.
5. Any violation or
			 failure to observe any of the applicable terms or provisions of credentialing,
			 the public health law, or any other applicable rule, radon testing rule,
			 ordinance, regulation, code or order.
6. Not completing the installation of a radon
			 mitigation system within 30 days of the start date or date contracted to
			 start.
7. Failing to submit a
			 complete and accurate renewal application form before the end of the renewal
			 period which includes the fee specified in subrule 44.4(6).
8. Failing to correct any violation of EPA,
			 ASTM, or department rules that was found during a previous inspection or any
			 violation found on an initial inspection which, as determined by the
			 department, jeopardizes the safety of the building or other
			 occupants.
9. Accepting
			 compensation for installing ineffective radon remedies or for not dropping
			 radon levels below 4 pCi/L in the area or level of the building where a radon
			 mitigation system was installed.
10. Accepting compensation for installing
			 active or nonactive radon mitigation systems that are not acceptable to the
			 department or that do not comply with the requirements of this
			 chapter.
11. Failing to fully
			 cooperate with the department or its agents when field evaluations are
			 conducted.
12. Failing to attend a
			 scheduled meeting or inspection set up by the department or its agents, when
			 the person holding the credentials was previously notified and agreed to the
			 time and location of the inspection.
13. Failing to submit required information or
			 notifications in a timely manner.
14. Failing to maintain the required records
			 in
			 641-44.6
			 (136B), and in EPA's Radon Mitigation Standards (RMS) EPA 402-R-93-078, October
			 1993 (Revised April 1994), and ASTMI E2121 (NOTE: EPA has incorporated E2121 by
			 reference and retained EPA's Radon Mitigation Standards (RMS) in effect until
			 at least 2007).
15. Failing to
			 comply with the training standards and requirements in
			 641-44.7
			 (136B).
16. Failing to comply with
			 federal, state, or local statutes and regulations, including the requirements
			 of this chapter.
17. 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.
18. 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.
19. Falsifying
			 reports and records required by this chapter.
20. Accepting any fee by fraud or
			 misrepresentation.
21. 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 record.
22. Failing to comply with the terms of a
			 department order or the terms of a settlement agreement or consent
			 order.
23. Representation by a firm
			 or individual that the firm or individual is credentialed when the credential
			 has been suspended or revoked or has not been renewed.
24. Failing to respond within 30 days of
			 receipt of communication from the department or an agent of the department that
			 was sent by registered or certified mail.
25. Engaging in any conduct that subverts or
			 attempts to subvert a department investigation.
26. Failing to comply with a subpoena issued
			 by the department or failure to cooperate with a department
			 investigation.
27. Failing to pay
			 costs assessed in any disciplinary action.