65-1,207. Denial, suspension or revocation of license or certificate or accreditation of training program, when; suspension of abatement program; administrative review.
65-1,207
65-1,207. Denial, suspension or revocation oflicense or certificate or accreditation of training program, when; suspensionof abatement program; administrative review.(a) The secretary may refuse to issue a license or maysuspendor revoke any license issued under the residential childhood lead poisoningprevention act if the secretary finds, afternotice and hearing conducted in accordance with the provisions of the Kansasadministrative procedure act, that the applicant or licensee has:
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to complywith any rules and regulations adopted by the secretary under the residentialchildhood lead poisoning prevention act;
(3) failed at any time to meet any applicable federal or state standard forlead-based paint activities; or
(4) employed or permitted an uncertified individual to work on a lead-basedpaint activity.
(b) The secretary may refuse to issue a certificate or may suspend or revokeany certificate issued under the residential childhood lead poisoningprevention act if the secretary finds, after notice andhearing conducted in accordance with the provisions of the Kansasadministrative procedure act, that the applicant for certificate or certificateholder has:
(1) Fraudulently or deceptively obtained or attempted to obtain acertificate; or
(2) failed at any time to meet qualifications for a certificate or to complywith any provision or requirement of the residential childhood lead poisoningprevention act or any rules and regulationsadopted by the secretary under the residential childhood lead poisoningprevention act.
(c) The secretary may deny, suspend or revoke any accreditation of a trainingprogram under the residential childhood lead poisoning prevention act if thesecretary finds, after notice and hearingconducted in accordance with the provisions of the Kansas administrativeprocedure act, that the applicant for training program accreditation ortraining provider has:
(1) Fraudulently or deceptively obtained or attempted to obtain accreditationof a training program;
(2) failed at any time to meet the qualifications to obtain accreditation ofa training program or to comply with any rules and regulations adopted by thesecretary under the residential childhood lead poisoning prevention act;
(3) failed to maintain or provide information on training programs; or
(4) falsified information, accreditation or approval records, instructorqualification information or other accreditation or approval informationrequired to be submitted by the secretary.
(d) Any individual, business entity or accredited training program aggrievedby a decision or order of the secretary may appeal the order or decision inaccordance with the provisions of the act for judicial review and civilenforcement of agency actions.
(e) (1) If the secretary finds that the public health or safety isendangered by the continuation of an abatement project, the secretary maytemporarily suspend, without notice or hearing in accordance with the emergencyadjudication procedures of the provisions of the Kansas administrativeprocedure act, the license of the business entity or public agency or thecertificate of any person engaging in such abatement project.
(2) In no case shall a temporary suspension of a license or certificate underthis section be in effect for a period of time in excess of 90 days. At the endof such period of time, the license or certificate shall be reinstated unlessthe secretary has suspended or revoked the license or certificate, after noticeand hearing in accordance with the provisions of the residential childhood leadpoisoning prevention act, or the license hasexpired as otherwise provided under the residential childhood lead poisoningprevention act.
History: L. 1999, ch. 99, § 9; Apr. 22.