11 Miss. Code. R. § 2-10.12 Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates, Proceedings and Hearings Before the Commission and Appeals

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-10.12
• Year: 2023

A. If the Commission decides to suspend, revoke, or modify the certification of any individual, it shall notify the affected individual in writing of the following:

(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) Actions, if any, which the individual may take to avoid 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 a contractor's certificate, it also may 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 vote for lifetime revocation or denial.

D. Penalties, reprimands, suspensions and revocations of certificates shall be governed by Section 37Penalties, reprimands, suspensions and revocation of certificates37-138-27, Mississippi Code Annotated. All proceedings and hearings before the Commission regarding violations of Section 37Short title37-138-1, 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 37Short title37-138-1, et seq., Mississippi Code...