11 MAC Pt. 2, R. 10.12
Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates,
Cite as 11 Miss. Admin. Code Pt. 2, R. 10.12
Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates,
Proceedings and Hearings Before the Commission and Appeals.
A.
If the Commission decides to suspend, revoke, or modify the certification of an
individual, the Commission shall notify the affected individual in writing of the
following, as applicable:
(1)
The legal and factual basis for the suspension, revocation, or modification.
(2)
The commencement date and duration of the suspension, revocation, or
modification.
(3)
The actions, if any, which the individual may take to avoid the suspension,
revocation, or modification or to receive certification in the future.
(4)
The opportunity and method for requesting a hearing prior to final Commission
action to suspend, revoke, or modify certification.
(5)
Any additional information, as appropriate, which the Commission may provide.
B.
In the event the Commission suspends and/or revokes the certificate of a contractor, the
Commission may also order any business entity for which the individual is a responsible
official or DAR to cease and desist performing asbestos abatement activities if necessary
to ensure that the business entity does not then operate without appropriately certified
personnel, or in violation of any emission standard, regulation, or written order of the
Commission.
C.
If the Commission determines that an individual has submitted false information, the
Commission has the discretion to invoke a lifetime revocation or denial.
D.
Penalties, reprimands, suspensions, and revocations of certificates shall be governed by
Section 37-138-27, Mississippi Code Annotated. All proceedings and hearings before the
Commission regarding violations of Section 37-138-1, et seq., Mississippi Code
Annotated, or any rule or regulation, written order of the Commission, emergency order
of the Director or certificates issued or renewed by the Commission pursuant to Section
37-138-1, et seq., Mississippi Code Annotated and all appeals therefrom shall be
conducted in accordance with Section 49-17-31 through 49-17-41, Mississippi Code
Annotated.