Cal. Code Regs. tit. 17 § 35097

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 35097 - Action to Suspend or Revoke Certification or Interim Certification

(a) Certification or interim certification may be suspended or revoked by the Department for:

(1) Any false statement in the application;

(2) Violations of relevant local, state, or federal statutes or regulations;

(3) Misrepresentation, failure to disclose relevant facts, fraud, or issuance by mistake;

(4) Failure to comply with California Code of Regulations, Title 17, sections 36000 or 36100; or

(5) Failure to comply with any relevant regulation or order of the Department.

(b) Suspension or revocation and an appeal of any suspension or revocation shall be conducted in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) Prior to suspension or revocation, a certified or interim certified individual shall be given an opportunity, except in the case of willful violation or threat to public health and safety, to remedy deficiencies that may result in suspension or revocation.

(1) The certified or interim certified individual shall be given a statement which includes the Department's findings, an explanation of what the certified or interim certified individual must do to comply with the regulations, and the time period in which the certified or interim certified individual shall act.

(2) The certified or interim certified individual must remedy the deficiencies within a reasonable time specified by the Department which shall be no more than 30 calendar days after the issuance date of the statement of deficiencies.

(d) Any individual whose certification or interim certification has been suspended or revoked shall not be eligible to perform activities which require CDPH lead certification.

Cal. Code Regs. Tit. 17, § 35097

1. New article 12 and section filed 6-27-94 as an emergency; operative 6-27-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-94 or emergency language will be repealed by operation of law on the following day.
2. New article 12 and section refiled 10-21-94 as an emergency; operative 10-26-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-21-94 order including renumbering of former article 12 to article 13 and former article 13 to article 14 transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Renumbering and amendment former article 13 to new article 14 and amendment of section heading, section and NOTE filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
5. Renumbering and amendment of former article 13 to new article 14 and amendment of section heading, section and NOTE refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-20-98 order, including amendment of subsection (d), transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
7. Amendment of subsection (d) and NOTE filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).

Note: Authority cited: Sections 105250, 124160 and 131200, Health and Safety Code. Reference: Sections 105250, 124160 and 131051, Health and Safety Code.

1. New article 12 and section filed 6-27-94 as an emergency; operative 6-27-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-94 or emergency language will be repealed by operation of law on the following day.
2. New article 12 and section refiled 10-21-94 as an emergency; operative 10-26-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-21-94 order including renumbering of former article 12 to article 13 and former article 13 to article 14 transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Renumbering and amendment former article 13 to new article 14 and amendment of section heading, section and Note filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
5. Renumbering and amendment of former article 13 to new article 14 and amendment of section heading, section and Note refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-20-98 order, including amendment of subsection (d), transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
7. Amendment of subsection (d) and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).