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RETRIEVE http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:02:57 PM] 4 diation shall prepare a work plan providing instructions for the remedi- 5 ation efforts to be performed for the mold remediation project. The mold 6 remediation license holder shall provide the work plan to the client 7 before the mold remediation begins. The mold remediation license holder 8 shall maintain a copy of the work plan at the job site where the remedi- 9 ation is being performed. 10 § 936. Licensee duties; prohibited activities. 1. A mold assessment 11 licensee who performs mold assessment services shall provide a written 12 report to each person for whom such licensee performs mold assessment 13 services for compensation. 14 2. No licensee shall perform both mold assessment and mold remediation 15 on the same property. 16 3. No person shall own an interest in both the [entity which] licensee 17 who performs mold assessment services and the [entity which] licensee 18 who performs mold remediation services on the same property. 19 § 937. Civil penalties and revocation. 1. The [department] commission- 20 er may, after a notice and hearing, suspend or revoke any license, or 21 censure, fine, or impose probationary or other restrictions on any 22 licensee for good cause shown which shall include, but not be limited to 23 the following: 24 (a) conviction of a felony relating to the performance of a mold 25 assessment or mold remediation; 26 (b) deceit or misrepresentation in obtaining a license authorized 27 under this article; 28 (c) providing false testimony or documents to the [department] commis- 29 sioner in relation to a license authorized by this article or any other 30 license issued by the [department] commissioner; 31 (d) deceiving or defrauding the public in relation to services 32 provided for a fee that require a license; or 33 (e) incompetence or gross negligence in relation to mold assessment or 34 mold remediation. 35 2. Violators of any of the provisions of this article may be fined by 36 the [department] commissioner in an amount not to exceed two thousand 37 dollars for the initial violation and up to ten thousand dollars for 38 each subsequent violation. 39 § 938. Denial of license; complaints; notice of hearing. 1. The 40 [department] commissioner shall, before making a determination to deny 41 an application for a license, notify the applicant in writing of the 42 reasons for such proposed denial and afford the applicant an opportunity 43 to be heard in person or by counsel prior to denial of the application. 44 [Such notification shall be served in any manner authorized by the civil 45 practice law and rules for service of summons.] Such notice shall notify 46 the applicant that a request for a hearing must be made within thirty 47 days after [receipt] issuance of such notification. If a hearing is 48 requested, such hearing shall be held at such time and place as the 49 [department] commissioner shall prescribe. 50 2. If the applicant fails to make a written request for a hearing 51 within thirty days after [receipt] issuance of such notification, then 52 the notification of denial shall become the final determination of the 53 [department] commissioner. The [department] commissioner shall have 54 subpoena powers regulated by the civil practice law and rules. If, after 55 such hearing, the application is denied, written notice of such denial A. 4759 6 1 shall be served upon the applicant [in any manner authorized by the 2 civil practice law and rules for the service of a summons]. 3 3. The [department] commissioner shall, before revoking or suspending 4 any license or imposing any fine as authorized by this article or repri- 5 mand on the holder thereof[, or before issuing any order directing the 6 cessation of unlicensed activities,] and at least ten days prior to the 7 date set for the hearing, notify in writing the holder of such license, 8 [or the person alleged to have engaged in unlicensed activities,] of any 9 charges made and shall afford such person an opportunity to be heard in 10 person or by counsel in reference thereto. No prior notice and hearing 11 is required before the commissioner issues an order directing the cessa- 12 tion of unlicensed activities. 13 4. Written notice must be served to the licensee or person charged. 14 5. The hearing on such charges shall be at such time and place as the 15 [department] commissioner shall prescribe. 16 § 939. Judicial review. The action of the commissioner in suspending, 17 revoking or refusing to issue or renew a license, or issuing an order 18 directing the cessation of unlicensed activity or imposing a fine or 19 reprimand may be appealed by a proceeding brought under and pursuant to 20 article seventy-eight of the civil practice law and rules. 21 § 940. Rulemaking authority. The [department shall] commissioner may 22 adopt rules and regulations to oversee the practice of mold assessment, 23 remediation and abatement and to ensure the health, safety and welfare

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