West Virginia § 16-34-13 Reprimands; suspension or revocation of license; orders; hearings

West Virginia Statutes

§ 16-34-13 — Reprimands; suspension or revocation of license; orders; hearings

West Virginia·Ch. 16 PUBLIC HEALTH·Art. 34 LICENSURE OF RADON MITIGATORS, TESTERS, CONTRACTORS AND LABORATORIES

(a)The director shall suspend or revoke the license of or reprimand a radon tester, mitigator, contractor or laboratory if the licensee:

(1)Fraudulently or deceptively obtains or attempts to obtain a license;

(2)Fails at any time to meet the qualifications for a license or to comply with the requirements of this article or any applicable rules adopted by the secretary;

(3)Fails to meet applicable federal or state standards for radon testing or radon mitigation; or

(4)Employs or permits an individual without a radon tester's license or a radon mitigator's license to supervise work on a radon project.

(b)The director shall investigate all alleged violations reported to the bureau. Upon the finding of a violation in connection with any project involving radon testing or mitigation,

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(a) The director shall suspend or revoke the license of or reprimand a radon tester, mitigator, contractor or laboratory if the licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license;

(2) Fails at any time to meet the qualifications for a license or to comply with the requirements of this article or any applicable rules adopted by the secretary;

(3) Fails to meet applicable federal or state standards for radon testing or radon mitigation; or

(4) Employs or permits an individual without a radon tester's license or a radon mitigator's license to supervise work on a radon project.

(b) The director shall investigate all alleged violations reported to the bureau. Upon the finding of a violation in connection with any project involving radon testing or mitigation, the director shall issue a cease and desist order directing that all work be halted immediately. Where practicable, the director shall deliver a copy of the order by certified mail, return receipt requested, to the radon tester and radon mitigator.

(c) Hearings regarding violations of this article shall be conducted in accordance with the administrative procedures act of chapter twenty-nine-a of this code.

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