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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 401.14. Decertification or refusal to certify.

§ 401.14. Decertification or refusal to certify.

 (a)  Decertification or refusal to certify. The Department may initiate action against a code administrator or refuse to issue certification for just cause. Just cause includes the following:

   (1)  Failure to remedy an error or omission specified in a formal warning or to comply with an order issued by the Department under this section.

   (2)  Fraud or deceit or making untrue representations in obtaining a certification.

   (3)  Failure to remit the required certification fee.

   (4)  Violation of the act or this chapter.

   (5)  Incompetence or gross negligence.

   (6)  Acting in a manner presenting a danger to the public health and safety.

   (7)  Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition to a felony or any crime relating to the business of code administrator in the courts of this Commonwealth, a Federal court or a court of any other state, territory or insular possession of the United States.

   (8)  Having a certification or any authorization to engage in the business of code administrator revoked or suspended or having other disciplinary action taken, or an application for certification or authorization to engage in the business of code administrator refused or denied by the proper authority of another state or Federal district, territory or insular possession of the United States, the Federal government or Canada.

   (9)  Failing to complete continuing education requirements of the act or engaging in deceit or misrepresentation in the reporting of continuing education requirements.

   (10)  Engaging in fraud, deceit or an act of moral turpitude while acting as code administrator.

   (11)  Failing to enforce the act or Uniform Construction Code.

   (12)  Knowingly aiding and abetting a person engaging in code administrator activity who is not currently certified or registered.

   (13)  Being a third-party agency that does not comply with §  401.12 (relating to liability insurance).

   (14)  Engaging in the activities of a code administrator or advertising as a code administrator without a current certification required for the work performed, or registration issued by the Department.

 (b)  Notice and hearing. Actions of the Department relating to decertification under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Decertification proceedings shall be con-ducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).

 (c)  Procedure for decertification.

   (1)  The Department will serve the code administrator with an order to show cause under 1 Pa. Code §  35.14 (relating to orders to show cause). The order to show cause shall contain notification that the certification may be subject to action and the grounds for the action. The order to show cause shall contain notification that the code administrator is to respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the supervising official in the municipality where the alleged incidents occurred and upon the code administrator’s current employer.

   (2)  The code administrator may respond in writing to the allegations in the order to show cause in accordance with 1 Pa. Code §  35.37 (relating to answers to orders to show cause). If made, the answer shall be filed with the Department within 30 days after the date of service of the order to show cause.

   (3)  At the request of the code administrator, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to conduct the hearing and to issue a proposed report under 1 Pa. Code § §  35.201—35.207 (relating to proposed reports generally).

   (4)  The presiding officer shall have the power to conduct hearings under 1 Pa. Code § §  35.185—35.190 (relating to presiding officers). The presiding officer shall issue a proposed report that shall be served upon counsel of record or to the parties in the hearing. The presiding officer shall transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.

   (5)  A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code §  35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.

   (6)  The Secretary or a designee will issue a final order under 1 Pa. Code §  35.226 (relating to final orders).

 (d)  Types of corrective action. When the Department is authorized to take action against a code administrator, the Department may:

   (1)  Administer a formal warning.

   (2)  Require the code administrator to take remedial educational courses.

   (3)  Decertify the code administrator for a period set by the Department. The Department will order the code administrator to surrender his certificate after decertification.

   (4)  Deny the application for certification.

 (e)  Conditions for reinstatement. Unless ordered to do so by a court of competent jurisdiction, the Department will not reinstate certification to a person who was decertified until the following conditions are met:

   (1)  The full period of decertification ordered by the Department has elapsed.

   (2)  The person has complied with conditions imposed by the Department’s order of decertification and recertification would not be detrimental to the public health and safety.

   (3)  The person complies with §  401.4 (relating to application and identification).

 (f)  Subsection (c) supplements 1 Pa. Code § §  35.14, 35.37, 35.201—35.207, 35.185—35.190, 35.211 and 35.226.

Cross References

   This section cited in 34 Pa. Code §  401.4 (relating to application and identification); 34 Pa. Code §  401.8 (relating to certification renewal); 34 Pa. Code §  401.11 (relating to certification of third-party agency); and 34 Pa. Code §  403.104 (relating to Department review).

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