(1) When an application for certification pursuant to section 25-7-505, 25-7-506, 25-7-506.5, 25-7-507, or 25-7-507.5 is denied by the division, the applicant may contest the decision of the division by requesting a hearing before the office of administrative courts. A request for a hearing must be made within thirty calendar days after the division has issued a denial of the application in writing to the applicant. The hearing shall be held pursuant to section 25-7-119.
(2) (a) The division may take disciplinary action in the form of the issuance of a letter of admonition or, in conformity with the provisions of article 4 of title 24, C.R.S., the suspension, revocation, or refusal to renew certification pursuant to section 25-7-505, 25-7-506, 25-7-506.5, 25-7-507, or 25-7-507.5, should the division find that a person certified under this part 5:
Has violated or has aided and abetted in the violation of any provision of this part 5 or any rule or regulation or order of the division or commission promulgated or issued under this part 5;
(A) Has been subject to a disciplinary action relating to a certification or other formof registration or license to practice asbestos abatement under this part 5 or any related occupation in any other state, territory, or country for disciplinary reasons, which action shall be deemed to be prima facie evidence of grounds for disciplinary action, including denial of certification by the division.
This subparagraph (II) shall apply only to disciplinary actions based upon acts oromissions in such other state, territory, or country substantially similar to those set out as grounds for disciplinary action pursuant to this part 5.
A plea of nolo contendere or its equivalent to a charge of violating a law or regulation governing the practice of asbestos removal in another state, territory, or country that is accepted by the disciplining body of such other state, territory, or country may be considered to be the same as a finding of guilt for purposes of a hearing conducted by the division pursuant to this subsection (2).
Has been convicted of a felony or has had accepted by a court a plea of guilty ornolo contendere to a felony if the felony is related to the ability to engage in activities regulated pursuant to this part 5. A certified copy of the judgment of a court of competent jurisdiction of such conviction or plea shall be conclusive evidence of such conviction or plea. In considering the disciplinary action, the division shall be governed by the provisions of section 24-5-101, C.R.S.
Has failed to report to the division a disciplinary action specified in subparagraph(II) of this paragraph (a) or a felony conviction for an act specified in subparagraph (III) of this paragraph (a);
Has failed to meet any permit and notification requirement or failed to correct anyviolations cited by the division during any inspection within a reasonable period of time;
Has used misrepresentation or fraud in obtaining or attempting to obtain a
certificate under this part 5;
Has failed to adequately supervise an asbestos abatement project as a certified trained supervisor;
Has committed any act or omission which does not meet generally accepted standards of the practice of asbestos abatement;
Has engaged in any false or misleading advertising.
(b) When a complaint or an investigation discloses an instance of misconduct which, in the opinion of the division, does not warrant suspension or revocation by the division but which should not be dismissed as being without merit, a letter of admonition may be sent by certified mail to the certified person against whom a complaint was made and a copy thereof to the person making the complaint, but, when a letter of admonition is sent by certified mail by the division to a certified person complained against, such certified person shall be advised that such person has the right to request in writing, within twenty days after proven receipt of the letter, that formal disciplinary proceedings be initiated against such person to adjudicate the propriety of the conduct upon which the letter of admonition is based. If such request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.
A person aggrieved by an action taken by the division pursuant to subsection (2) ofthis section may contest the action by requesting a hearing before the office of administrative courts within thirty days after the applicant is notified in writing of the division's action. The hearing shall be held pursuant to section 25-7-119. Any person aggrieved by an action taken by the office of administrative courts pursuant to subsection (2) of this section may appeal the action to the court of appeals in accordance with section 24-4-106 (11), C.R.S.
In addition to or in lieu of the forms of disciplinary action authorized in subsection(2) of this section, the division, in its discretion, may require corrective education in the area of asbestos abatement as a disciplinary action against a certified person when the situation so warrants, such corrective education to be directed toward weak or problematic areas of a certified person's practice.
Any certified person who violates any provision of this section, in addition to anyother enforcement action available under this article, may be disciplined upon a finding of misconduct by the division as follows:
In any first administrative proceeding against a certified person, a fine of not lessthan one hundred dollars nor more than one thousand dollars;
In a second or subsequent administrative proceeding against a certified person fortransactions occurring after a final agency action determining that a violation of this part 5 has occurred, a fine of not less than one thousand dollars nor more than ten thousand dollars.
If a certification is revoked by the division, the person against whom such action wastaken shall not apply for recertification for a period of one year after such revocation and shall be required to demonstrate compliance with any disciplinary action imposed by the division and to demonstrate competency in asbestos abatement procedures prior to receiving a new certificate.
Source: L. 87: Entire part R&RE, p. 1149, § 1, effective July 1. L. 90: (2) R&RE, (3) amended, and (4) to (6) added, pp. 1321, 1323, §§ 5, 6, effective May 24. L. 92: (1), (3), and (5) amended, p. 1232, § 39, effective July 1. L. 95: (2)(a)(II), (2)(b), and (6) amended, p. 23, § 5, effective July 1. L. 2001: IP(2)(a) amended, p. 774, § 8, effective June 1. L. 2005: (1) and (3) amended, p. 858, § 23, effective June 1. L. 2006: (1) and IP(2)(a) amended, p. 124, § 7, effective March 27.