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RETRIEVE BILL http://nyslrs.state.ny.us/NYSLBDC1/bstfrme.cgi[5/29/2015 3:00:19 PM] and rules for service of summons. Such notice shall notify the applicant that a request for a hearing must be made within thirty days after receipt of such notification. If a hearing is requested, such hearing shall be held at such time and place as the department shall prescribe. 2. If the applicant fails to make a written request for a hearing within thirty days after receipt of such notification, then the notifi- cation of denial shall become the final determination of the department. The department shall have subpoena powers regulated by the civil prac- tice law and rules. If, after such hearing, the application is denied, 5 CHAP. 551 written notice of such denial shall be served upon the applicant in any manner authorized by the civil practice law and rules for the service of a summons. 3. The department shall, before revoking or suspending any license or imposing any fine as authorized by this article or reprimand on the holder thereof, or before issuing any order directing the cessation of unlicensed activities, and at least ten days prior to the date set for the hearing, notify in writing the holder of such license, or the person alleged to have engaged in unlicensed activities, of any charges made and shall afford such person an opportunity to be heard in person or by counsel in reference thereto. 4. Written notice must be served to the licensee or person charged. 5. The hearing on such charges shall be at such time and place as the department shall prescribe. § 939. Judicial review. The action of the commissioner in suspending, revoking or refusing to issue or renew a license, or issuing an order directing the cessation of unlicensed activity or imposing a fine or reprimand may be appealed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules. § 940. Rulemaking authority. The department shall adopt rules and regulations to oversee the practice of mold assessment, remediation and abatement and to ensure the health, safety and welfare of the public. TITLE 2 MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS Section 945. Minimum work standards for the conduct of mold assessments by licensed persons. 946. Minimum work standards for the conduct of mold remediation by licensed persons. 947. Post-remediation assessment and clearance. 948. Investigations and complaints. § 945. Minimum work standards for the conduct of mold assessments by licensed persons. 1. A mold assessment licensee shall prepare a mold remediation plan that is specific to each remediation project and provide the plan to the client before the remediation begins. The mold remediation plan must specify: (a) the rooms or areas where the work will be performed; (b) the estimated quantities of materials to be cleaned or removed; (c) the methods to be used for each type of remediation in each type of area; (d) the personal protection equipment (PPE) to be supplied by licensed remediators for use by licensed abaters; (e) the proposed clearance procedures and criteria for each type of remediation in each type of area; (f) when the project is a building that is currently occupied, how to properly notify such occupants of such projects taking into consider- ation proper health concerns; the plan must also provide recommendations for notice and posting requirements that are appropriate for the project size, duration and points of entry; (g) an estimate of cost and an estimated time frame for completion; and (h) when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture. CHAP. 551 6 2. The containment specified in the remediation plan must prevent the spread of mold to areas of the building outside the containment under normal conditions of use. 3. A mold assessment licensee who indicates in a remediation plan that a disinfectant, biocide, or antimicrobial coating will be used on a mold

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