65-5310. Denial, suspension or revocation of license or certificate; notice and hearing; appeals; temporary suspension.
65-5310
65-5310. Denial, suspension or revocation of license or certificate;notice and hearing; appeals; temporary suspension.(a) The secretary may deny, suspend or revoke any licenseissued under this act if the secretary finds, after notice and hearingconducted in accordance with the provisions of the Kansas administrativeprocedure act, that the applicant for license or licensee, whichever is applicable, 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 tocomply with any provision or requirement of this act or any rules andregulations adopted by the secretary under this act;
(3) failed at any time to meet any applicable federal or state standardfor removal or encapsulation of asbestos; or
(4) employed or permitted an uncertified individual person to work on anasbestos project.
(b) The secretary may deny, suspend or revoke any certificate issuedunder this act if the secretary finds, after notice and hearing conductedin accordance with the provisions of the Kansas administrative procedureact, that the applicant for certificate or certificate holder, whichever isapplicable, has:
(1) Fraudulently or deceptively obtained or attempted to obtain a certificate; or
(2) failed at any time to meet the qualifications for a certificate orto comply with any provision or requirement of this act or any rules andregulations adopted by the secretary under this act.
(c) Before any license or certificate is denied, suspended or revoked,the secretary shall conduct a hearing thereon in accordance with theprovisions of the Kansas administrative procedure act.
(d) Any individual person or business entity aggrieved by a decision ororder of the secretary may appeal the order or decision in accordance withthe provisions of the act for judicial review and civil enforcement of agency actions.
(e) (1) If the secretary finds that the public health or safety isendangered by the continuation of an asbestos project, the secretary maytemporarily suspend, without notice or hearing in accordance with theemergency adjudication procedures of the provisions of the Kansasadministrative procedure act, the license of the business entity or thecertificate of any person engaging in such asbestos project.
(2) In no case shall a temporary suspension of a license or certificate under thissection 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 reinstatedunless the secretary has suspended or revoked the license or certificate, after notice andhearing, or the license has expired as otherwise provided under this act.
History: L. 1985, ch. 203, § 10; Jan. 1, 1986.