West Virginia § 16-35-11 Suspension or revocation of license; violations; hearings

West Virginia Statutes

§ 16-35-11 — Suspension or revocation of license; violations; hearings

West Virginia·Ch. 16 PUBLIC HEALTH·Art. 35 LEAD ABATEMENT

(a)The director may suspend or revoke a lead abatement discipline license if the licensee:

(1)Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception;

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

(3)Fails to comply with applicable federal or state standards for lead abatement projects;

(4)Employs or permits an individual not licensed as required by this article to work on a lead abatement project; or

(5)Falsifies or attempts to falsify any document related to a lead abatement project.

(b)The director may investigate all suspected violations of this article or any rule promulgated hereunder. Upon the finding

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(a) The director may suspend or revoke a lead abatement discipline license if the licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception;

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

(3) Fails to comply with applicable federal or state standards for lead abatement projects;

(4) Employs or permits an individual not licensed as required by this article to work on a lead abatement project; or

(5) Falsifies or attempts to falsify any document related to a lead abatement project.

(b) The director may investigate all suspected violations of this article or any rule promulgated hereunder. Upon the finding of a violation in connection with any lead abatement project, the director shall issue a cease and desist order directing that all work on the project is halted forthwith or a notice of violation directing compliance with this article or any rule promulgated hereunder. Posting of cease and desist orders or notice of violations on project sites shall constitute notice of its contents to the property owner and all persons working on the lead abatement project. The director may also deliver a copy of such order or notice by certified mail, return receipt requested, to the property owner and to the contractor.

(c) Hearings regarding violations of this article and any rules promulgated hereunder shall be conducted in accordance with the division's rules of procedure for contested case hearings and declaratory rulings and the administrative procedures act of chapter twenty-nine-a of this code.

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