Subchapter C. CERTIFICATION REVIEW PROCEDURES
AND STANDARDS


Sec.


240.201.    Criteria for certification issuance or denial.
240.202.    Terms of certification.
240.203.    Conditions of certification.
240.204.    Certification renewal.
240.205.    Certification modification.
240.206.    Notice of certification.

Cross References

   This subchapter cited in 25 Pa. Code §  240.1 (relating to description of regulatory structure).

§ 240.201. Criteria for certification issuance or denial.

 (a)  A certification application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that the following conditions are met:

   (1)  Neither the applicant nor a person identified in the application is in violation of the act or this chapter or has been decertified under §  240.403 (relating to decertification).

   (2)  The application is accurate and complete and the applicant is in compliance with the requirements of the act and this chapter.

   (3)  The applicant has the qualifications required in this chapter and is capable of performing the activities for which he is seeking certification as required by the act and this chapter.

 (b)  The Department may deny certification to a person who has shown a lack of ability or intention to comply with the acts or this chapter, as indicated by past or continuous conduct. A certification lapse under §  240.203(b) (relating to conditions of certification) may be considered evidence of a lack of ability or intention to comply with the acts or this chapter.

Cross References

   This section cited in 25 Pa. Code §  240.204 (relating to certification renewal).

§ 240.202. Terms of certification.

 (a)  A certification will be valid for 2 years following issuance.

 (b)  Testing, mitigating or other radon-related activity may not be conducted after the expiration of the term of certification.

§ 240.203. Conditions of certification.

 (a)  Persons certified under this chapter shall, at a minimum, comply with the following conditions:

   (1)  The certified person shall conduct his activities as described in the approved application.

   (2)  The certified person shall allow the Department, its agents and employes, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to the person’s facilities, offices and files for inspection and examination of records. The certified person shall also allow the Department, its agents and employes to accompany him while performing radon-related activities for the purpose of inspection of those activities.

   (3)  The certified person shall remain in compliance with the acts and this chapter.

   (4)  For certification of a firm, the certified person shall continue to direct the radon-related activities. The certified person shall have his duties listed in the firm’s certification application.

 (b)  The Department may suspend certification if a condition of certification is violated. The Department will publish notice of the suspension in the Pennsylvania Bulletin.

Cross References

   This section cited in 25 Pa. Code §  240.201 (relating to criteria for certification issuance or denial).

§ 240.204. Certification renewal.

 An application for certification renewal shall contain the contents required in an initial certification application, except that the Department may permit an applicant to rely on information previously submitted if the information remains the same. A certification renewal application shall be issued or denied according to the criteria in §  240.201 (relating to criteria for certification issuance or denial).

§ 240.205. Certification modification.

 The terms and conditions of a certification are subject to amendment, revision or modification for a violation of the acts, this chapter or a term or condition of the certification, or for a false statement made to the Department by the certified party, or for a change of condition which would warrant the issuance or denial of a certification on the basis of an original application.

§ 240.206. Notice of certification.

 The Department will publish as a notice in the Pennsylvania Bulletin the name and address of each person certified under this chapter.


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