§ 240.201. Criteria for issuance or denial of certifications or course provider applications.
(a) A certification or course provider application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that all of the following conditions are met:
(1) Neither the applicant nor a person identified in the application or involved with the course or its development 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 the certification or course provider application of 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.
Authority The provisions of this § 240.201 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § § 2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).
Source The provisions of this § 240.201 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (341760).
Cross References This section cited in 25 Pa. Code § 240.204 (relating to certification renewal).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
