S. 6851 2
1. "COUNCIL" MEANS THE STATE RADON SERVICE COUNCIL ESTABLISHED PURSU-
ANT TO THE PROVISIONS OF SECTION FOUR HUNDRED FORTY-SEVEN-C OF THIS
ARTICLE.
2. "CLIENT" MEANS ANY PERSON WHO ENGAGES OR SEEKS TO ENGAGE THE
SERVICES OF A RADON SERVICE PROFESSIONAL FOR THE PURPOSE OF OBTAINING A
RADON MEASUREMENT TEST OR RADON MITIGATION SERVICE OF A PROPERTY.
3. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
4. "RADON SERVICE PROFESSIONAL" MEANS A PERSON LICENSED PURSUANT TO
THE PROVISIONS OF THIS ARTICLE.
5. "RADON MEASUREMENT PROFESSIONAL" MEANS A RADON SERVICE PROFESSIONAL
WHO DEPLOYS AND RETRIEVES RADON DETECTORS AND PROVIDES A REPORT OF THE
ASSOCIATED MEASUREMENT RESULTS THAT ARE GENERATED BY A RADON ANALYTICAL
LABORATORY.
6. "RADON MITIGATION PROFESSIONAL" MEANS A RADON SERVICE PROFESSIONAL
WHO INTERPRETS RADON TEST RESULTS AND DETERMINES THE MOST EFFECTIVE WAY
TO MANAGE RADON CONCENTRATIONS WITHIN BUILDINGS. MANAGEMENT PLANS MAY
INCLUDE REQUIREMENTS FOR FURTHER DIAGNOSTIC TESTING AND/OR THE DESIGN
AND INSTALLATION OF RADON MITIGATION SYSTEMS.
7. "RADON MEASUREMENT TEST" MEANS A TEST PERFORMED OR PROCEDURES USED
TO DETERMINE IF RADON MITIGATION IS NECESSARY IN ORDER TO PROTECT
CURRENT AND FUTURE OCCUPANTS.
8. "RADON MITIGATION SERVICE" MEANS APPLICATION OF MATERIALS AND/OR
INSTALLATION OF SYSTEMS AND MATERIALS TO REDUCE RADON CONCENTRATIONS IN
THE INDOOR ATMOSPHERE OR PREVENT ENTRY OF RADON INTO THE INDOOR ATMOS-
PHERE.
9. "RADON ANALYTICAL LABORATORY" MEANS A RADIOLOGICAL LABORATORY THAT
ANALYZES SAMPLES FOR THE PRESENCE OF RADON AND/OR RADON DECAY IN
PRODUCTS IN A FACILITY SEPARATE FROM THE LOCATION IN WHICH THE SAMPLE
WAS TAKEN USING STATIONARY DETECTION EQUIPMENT.
10. "PERSON" MEANS AN INDIVIDUAL, FIRM, COMPANY, PARTNERSHIP, LIMITED
LIABILITY COMPANY, OR CORPORATION.
11. "RESIDENTIAL BUILDING" MEANS A STRUCTURE CONSISTING OF ONE TO FOUR
DWELLING UNITS AND THEIR GARAGES AND CARPORT BUT SHALL NOT INCLUDE ANY
SUCH STRUCTURE NEWLY CONSTRUCTED OR NOT PREVIOUSLY OCCUPIED AS A DWELL-
ING UNIT.
12. "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF STATE.
§ 447-C. STATE RADON SERVICE PROFESSIONAL COUNCIL. 1. THERE IS HEREBY
ESTABLISHED A STATE RADON SERVICE PROFESSIONAL COUNCIL WITHIN THE
DEPARTMENT. THE COUNCIL SHALL CONSIST OF THE SECRETARY OR THE SECRE-
TARY'S DESIGNEE AND SIX ADDITIONAL MEMBERS WHO ARE RESIDENTS OF THE
STATE, OF WHOM FOUR SHALL BE PERSONS LICENSED AND ACTIVELY ENGAGED IN
THE BUSINESS OF PROFESSIONAL RADON SERVICES. THE FOUR RADON SERVICE
PROFESSIONALS SHALL INCLUDE TWO INDIVIDUALS WHO HAVE SPECIALIZED IN
RADON MEASUREMENT SERVICES AND TWO WHO SPECIALIZED IN RADON MITIGATION
SERVICES IN THE STATE OF NEW YORK FOR AT LEAST FIVE YEARS IMMEDIATELY
PRECEDING THEIR APPOINTMENT. THE REMAINING TWO MEMBERS SHALL BE CONSUM-
ERS WHO ARE THE OWNERS AND PRINCIPAL RESIDENTS OF A BUILDING IN THE
STATE OF NEW YORK. APPOINTMENTS SHALL REFLECT THE GEOGRAPHICAL DIVERSITY
OF THE STATE.
2. FOR A PERIOD OF ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION TO THE CONTRA-
RY, THE FIRST RADON SERVICE PROFESSIONALS APPOINTED AS MEMBERS OF THE
COMMITTEE SHALL NOT BE REQUIRED, AT THE TIME OF THEIR FIRST APPOINTMENT,
TO BE LICENSED TO PRACTICE RADON PROFESSIONAL SERVICES, PROVIDED THAT
SUCH MEMBERS BE LICENSED PURSUANT TO THIS ARTICLE WITHIN ONE YEAR OF
APPOINTMENT.
S. 6851 3
3. THE GOVERNOR SHALL APPOINT EACH MEMBER OF THE COUNCIL FOR A TERM OF
THREE YEARS EXCEPT THAT OF THE MEMBERS FIRST APPOINTED, TWO SHALL SERVE
FOR TERMS OF THREE YEARS, TWO SHALL SERVE FOR TERMS OF TWO YEARS AND TWO
SHALL SERVE FOR A TERM OF ONE YEAR. THE GOVERNOR SHALL APPOINT TWO RADON
SERVICE PROFESSIONALS AND ONE CONSUMER UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE AND TWO RADON SERVICE PROFESSIONALS
AND ONE CONSUMER UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.
EACH MEMBER SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR HAS BEEN QUALI-
FIED. ANY VACANCY IN THE MEMBERSHIP OF THE COUNCIL SHALL BE FILLED FOR
THE UNEXPIRED TERM IN THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT.
NO MEMBER OF THE COUNCIL MAY SERVE MORE THAN TWO SUCCESSIVE TERMS IN
ADDITION TO ANY UNEXPIRED TERM TO WHICH HE OR SHE HAS BEEN APPOINTED.
4. MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION BUT SHALL BE
REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES AND PROVIDED WITH
OFFICE AND MEETING FACILITIES AND PERSONNEL REQUIRED FOR THE PROPER
CONDUCT OF THE COUNCIL'S BUSINESS.
5. THE COUNCIL SHALL ANNUALLY ELECT FROM AMONG ITS MEMBERS A CHAIR AND
VICE-CHAIR AND MAY APPOINT A SECRETARY, WHO NEED NOT BE A MEMBER OF THE
COUNCIL. THE COUNCIL SHALL MEET AT LEAST TWICE A YEAR AND MAY HOLD ADDI-
TIONAL MEETINGS AS NECESSARY TO DISCHARGE ITS DUTIES.
6. THE ROLE OF THE COUNCIL SHALL BE ADVISORY. THE COUNCIL SHALL ADVISE
THE SECRETARY IN THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF
THIS ARTICLE AND RECOMMEND TO THE SECRETARY REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO:
(A) STANDARDS FOR TRAINING INCLUDING APPROVAL OF THE COURSE OF STUDY
AND EXAMINATION REQUIRED FOR LICENSURE OF RADON SERVICE PROFESSIONALS;
(B) REQUIREMENTS AND STANDARDS FOR CONTINUING EDUCATION OF RADON
SERVICE PROFESSIONALS;
(C) A CODE OF ETHICS AND STANDARDS OF PRACTICE FOR LICENSED RADON
SERVICE PROFESSIONALS WHICH SHALL BE SUBJECT TO PUBLIC NOTICE AND
COMMENT PRIOR TO A COUNCIL RECOMMENDATION TO THE SECRETARY. THE STAND-
ARDS OF PRACTICE SHALL NOT REQUIRE A REPORTING FORMAT OR LIMIT INFORMA-
TION WHICH LICENSEES ARE AUTHORIZED TO PROVIDE A CLIENT PURSUANT TO THIS
ARTICLE; AND
(D) PUBLICLY ADOPT AND REFERENCE RADON PROFESSIONAL STANDARDS
PUBLISHED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE, OR OTHER ACCRED-
ITED CONSENSUS NATIONAL STANDARDS DEVELOPERS, AND CERTIFICATION CRITERIA
OR POLICIES AND EXAMS ESTABLISHED BY EITHER THE NATIONAL RADON PROFI-
CIENCY PROGRAM OR THE NATIONAL RADON SAFETY BOARD OR ANY RADON CERTIF-
ICATION AGENCY RECOGNIZED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.
NOTHING IN THIS SECTION SHALL BE DEEMED TO SUPERSEDE ANY ESTABLISHED
AUTHORITY, DUTY AND POWER ESTABLISHED BY LOCAL LAW, STATE LAW OR REGU-
LATION OR OTHERWISE GRANTED TO ANY AGENCY, BODY OR ENTITY.
§ 447-D. LICENSE REQUIREMENTS. NO PERSON SHALL CONDUCT OR REPRESENT
THAT HE OR SHE HAS THE ABILITY TO CONDUCT RADON PROFESSIONAL SERVICES
FOR COMPENSATION UNLESS SUCH PERSON IS LICENSED AS A RADON SERVICE
PROFESSIONAL PURSUANT TO THIS ARTICLE OR A PERSON PROVIDING RADON
PROFESSIONAL SERVICES FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF
FOUR HUNDRED FORTY-SEVEN-E OF THIS ARTICLE TO QUALIFY FOR LICENSURE AS A
RADON SERVICE PROFESSIONAL.
§ 447-E. QUALIFICATIONS FOR LICENSURE. 1. AN APPLICANT FOR A LICENSE
AS A RADON SERVICE PROFESSIONAL SHALL:
(A) HAVE SUCCESSFULLY COMPLETED HIGH SCHOOL OR ITS EQUIVALENT;
(B) HAVE SUCCESSFULLY COMPLETED A COURSE OF STUDY APPROVED BY THE
SECRETARY, OF NOT LESS THAN SIXTEEN HOURS FOR RADON MEASUREMENT PROFES-
S. 6851 4
SIONALS AND FORTY HOURS FOR RADON MITIGATION PROFESSIONALS. SUCH HOURS
FOR RADON MITIGATION PROFESSIONALS SHALL BE COMPOSED OF SIXTEEN HOURS OF
MEASUREMENT TESTING AND TWENTY-FOUR HOURS OF MITIGATION TRAINING;
(C) HAVE PASSED AN APPROVED NATIONAL RADON CERTIFICATION PROGRAM,
RESIDENTIAL RADON MEASUREMENT PROVIDER EXAM OR RESIDENTIAL RADON MITI-
GATION PROVIDER EXAM. AN APPLICANT WHO HAS PASSED AN EXISTING NATIONALLY
RECOGNIZED EXAMINATION, AS APPROVED BY THE SECRETARY, PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE SHALL BE IN COMPLIANCE WITH THIS PARA-
GRAPH; AND
(D) PAY THE APPLICABLE FEES.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PERSON PERFORM-
ING RADON PROFESSIONAL SERVICES PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION FOR THE PURPOSE OF MEETING REQUIREMENTS FOR A RADON
SERVICE PROFESSIONAL LICENSE.
3. UPON SUBMISSION OF AN APPLICATION AND PAYMENT OF THE APPLICATION
AND LICENSURE FEE TO THE SECRETARY, THE SECRETARY SHALL ISSUE A RADON
SERVICE PROFESSIONAL'S LICENSE TO A PERSON WHO HOLDS A VALID LICENSE AS
A RADON SERVICE PROFESSIONAL ISSUED BY ANOTHER STATE OR POSSESSION OF
THE UNITED STATES OR THE DISTRICT OF COLUMBIA WHICH HAS STANDARDS
SUBSTANTIALLY EQUIVALENT TO THOSE OF THIS STATE AS DETERMINED BY THE
SECRETARY.
§ 447-F. LICENSE PERIODS, RENEWALS AND FEES. 1. RADON SERVICE PROFES-
SIONAL LICENSES AND RENEWALS THEREOF SHALL BE ISSUED FOR A PERIOD OF TWO
YEARS, EXCEPT THAT THE SECRETARY MAY, IN ORDER TO STAGGER THE EXPIRATION
DATE THEREOF, PROVIDE THAT THOSE LICENSES FIRST ISSUED OR RENEWED AFTER
THE EFFECTIVE DATE OF THIS SECTION SHALL EXPIRE OR BECOME VOID ON A DATE
FIXED BY THE SECRETARY, NOT SOONER THAN SIX MONTHS NOR LATER THAN TWEN-
TY-NINE MONTHS AFTER THE DATE OF ISSUE. NO RENEWAL OF A LICENSE SHALL BE
ISSUED UNLESS THE APPLICANT HAS SUCCESSFULLY COMPLETED A COURSE OF
CONTINUING EDUCATION APPROVED BY THE SECRETARY.
2. THE SECRETARY SHALL COLLECT A FEE OF SEVEN HUNDRED FIFTY DOLLARS
FOR THE FIRST APPLICATION FOR A LICENSE AND THE LICENSE AS A RADON
SERVICE PROFESSIONAL. THE SECRETARY SHALL COLLECT A FEE OF ONE THOUSAND
DOLLARS TO RENEW A RADON SERVICE PROFESSIONAL LICENSE. ALL FEES AND ANY
FINES IMPOSED BY THE SECRETARY PURSUANT TO THIS ARTICLE SHALL BE DEPOS-
ITED IN THE BUSINESS AND LICENSING SERVICES ACCOUNT ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-Y OF THE STATE FINANCE LAW.
§ 447-G. DUTY OF CARE OF RADON SERVICE PROFESSIONALS. 1. EVERY RADON
SERVICE PROFESSIONAL SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE,
AND THE RULES, REGULATIONS AND STANDARDS ADOPTED PURSUANT THERETO. THE
DUTY OF EVERY RADON SERVICE PROFESSIONAL SHALL BE TO THE CLIENT.
2. EVERY RADON SERVICE PROFESSIONAL SHALL DISPLAY HIS OR HER LICENSE
NUMBER AND STATUS AS A LICENSED RADON SERVICE PROFESSIONAL ON EVERY
REPORT AND IN ALL ADVERTISING. UPON REQUEST OF ANY CLIENT OR INTERESTED
PARTY TO A REAL ESTATE TRANSACTION, EVERY RADON SERVICE PROFESSIONAL
SHALL PROVIDE SUCH PROOF OF LICENSURE PURSUANT TO THIS ARTICLE AS SHALL
BE ISSUED BY THE SECRETARY FOR SUCH PURPOSE.
3. NO LATER THAN TEN BUSINESS DAYS AFTER THE COMPLETION OF A RADON
MEASUREMENT ON BEHALF OF A CLIENT, EACH RADON SERVICE PROFESSIONAL SHALL
PROVIDE SUCH CLIENT WITH A WRITTEN REPORT OF THE FINDINGS OF SUCH MEAS-
UREMENT. EVERY SUCH WRITTEN REPORT AND THE INFORMATION CONTAINED THEREIN
SHALL BE DEEMED CONFIDENTIAL AND SHALL NOT BE DISCLOSED WITHOUT THE
EXPRESS CONSENT OF THE CLIENT; PROVIDED, HOWEVER, THAT DEPARTMENT REPRE-
SENTATIVES, CONDUCTING AN INVESTIGATION OR OTHER OFFICIAL BUSINESS FOR
THE PURPOSE OF ENFORCING THIS ARTICLE, SHALL HAVE ACCESS TO SUCH REPORTS
AND THE INFORMATION CONTAINED THEREIN.
S. 6851 5
§ 447-H. SUSPENSION AND REVOCATION OF LICENSES. 1. THE SECRETARY MAY
REFUSE TO GRANT OR MAY SUSPEND OR REVOKE A RADON SERVICE PROFESSIONAL
LICENSE, AND MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND
DOLLARS PER VIOLATION, UPON PROOF TO THE SATISFACTION OF THE SECRETARY
THAT THE HOLDER THEREOF HAS:
(A) VIOLATED THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FOUR
HUNDRED FORTY-SEVEN-G OF THIS ARTICLE;
(B) DISCLOSED ANY INFORMATION CONCERNING THE RESULTS OF THE RADON TEST
WITHOUT THE APPROVAL OF THE CLIENT OR THE CLIENT'S REPRESENTATIVES;
(C) ACCEPTED COMPENSATION FROM MORE THAN ONE INTERESTED PARTY FOR THE
SAME SERVICE WITHOUT THE CONSENT OF ALL INTERESTED PARTIES;
(D) ACCEPTED COMMISSIONS OR ALLOWANCES, DIRECTLY OR INDIRECTLY, FROM
OTHER PARTIES DEALING WITH THE CLIENT IN CONNECTION WITH WORK FOR WHICH
THE LICENSEE IS RESPONSIBLE;
(E) FAILED TO DISCLOSE PROMPTLY TO A CLIENT INFORMATION ABOUT ANY
BUSINESS INTEREST OF THE LICENSEE WHICH MAY REASONABLY AFFECT THE CLIENT
IN CONNECTION WITH THE RADON SERVICE REPORT;
(F) BEEN CONVICTED OF A FELONY INVOLVING FRAUD, THEFT, PERJURY OR
BRIBERY;
(G) FAILED TO PAY A FINE OR RESTITUTION ORDERED BY THE SECRETARY WITH-
IN A REASONABLE TIME; OR
(H) MADE A WILLFULLY FALSE STATEMENT IN THE CONTEXT OF RADON SERVICE
REPORT OR AN APPLICATION FOR LICENSURE PURSUANT TO THIS ARTICLE.
2. WHENEVER A LICENSE IS REVOKED PURSUANT TO THIS SECTION, SUCH
LICENSE SHALL NOT BE REINSTATED OR REISSUED UNTIL AFTER THE EXPIRATION
OF A PERIOD OF FIVE YEARS FROM THE DATE OF SUCH REVOCATION.
§ 447-I. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING. THE DEPART-
MENT SHALL, BEFORE MAKING A FINAL DETERMINATION TO DENY AN APPLICATION
FOR A LICENSE, REVOKE A LICENSE, SUSPEND A LICENSE, ISSUE A REPRIMAND,
OR IMPOSE A CIVIL PENALTY FOR VIOLATION OF THIS ARTICLE, NOTIFY THE
APPLICANT OR LICENSEE IN WRITING OF THE REASONS FOR SUCH PROPOSED
DENIAL, REVOCATION, SUSPENSION, REPRIMAND, OR IMPOSITION OF A CIVIL
PENALTY AND AFFORD THE APPLICANT OR LICENSEE AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL. SUCH NOTIFICATION SHALL BE SERVED PERSONALLY
OR BY CERTIFIED MAIL OR IN ANY MANNER AUTHORIZED BY THE CIVIL PRACTICE
LAW AND RULES FOR SERVICE OF A SUMMONS. IF A HEARING IS REQUESTED, SUCH
HEARING SHALL BE HELD AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL
PRESCRIBE AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF
THE STATE ADMINISTRATIVE PROCEDURE ACT. IF THE APPLICANT OR LICENSEE
FAILS TO MAKE A WRITTEN REQUEST FOR A HEARING WITHIN THIRTY DAYS AFTER
RECEIPT OF SUCH NOTIFICATION, THEN THE NOTIFICATION SHALL BECOME THE
FINAL DETERMINATION OF THE DEPARTMENT. THE DEPARTMENT, ACTING BY SUCH
OFFICER OR PERSON IN THE DEPARTMENT AS THE SECRETARY MAY DESIGNATE,
SHALL HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON
SO DESIGNATED ANY PERSON IN THIS STATE AND ADMINISTER AN OATH TO AND
TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSITION TO BE TAKEN.
A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES. IF, AFTER SUCH HEARING, THE LICENSE IS DENIED,
REVOKED, OR SUSPENDED, A REPRIMAND IS ISSUED, OR A CIVIL PENALTY IS
IMPOSED, WRITTEN NOTICE OF SUCH DETERMINATION SHALL BE SERVED UPON THE
APPLICANT OR LICENSEE PERSONALLY OR BY CERTIFIED MAIL OR IN ANY MANNER
AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES FOR THE SERVICE OF A
SUMMONS.
§ 447-J. LIABILITY COVERAGE. 1. EVERY LICENSED RADON SERVICE PROFES-
SIONAL WHO IS ENGAGED IN RADON PROFESSIONAL SERVICES SHALL SECURE, MAIN-
TAIN, AND FILE WITH THE SECRETARY PROOF OF A CERTIFICATE OF LIABILITY
S. 6851 6
COVERAGE, WHICH TERMS AND CONDITIONS SHALL BE DETERMINED BY THE SECRE-
TARY.
2. EVERY PROOF OF LIABILITY COVERAGE REQUIRED TO BE FILED WITH THE
SECRETARY SHALL PROVIDE THAT CANCELLATION OR NONRENEWAL OF THE POLICY
SHALL NOT BE EFFECTIVE UNLESS AND UNTIL AT LEAST TEN DAYS' NOTICE OF
INTENTION TO CANCEL OR NONRENEW HAS BEEN RECEIVED IN WRITING BY THE
SECRETARY.
§ 447-K. DUTIES OF THE SECRETARY. THE SECRETARY SHALL ESTABLISH SUCH
RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS
OF THIS ARTICLE.
§ 447-L. UNLICENSED ACTIVITIES. THE SECRETARY MAY ISSUE AN ORDER
REQUIRING RESTITUTION AND/OR DIRECTING THE CESSATION OF ANY ACTIVITY FOR
WHICH A LICENSE IS REQUIRED BY THIS ARTICLE UPON A DETERMINATION THAT A
PERSON HAS ENGAGED IN OR FOLLOWED THE BUSINESS OR OCCUPATION OF, OR HELD
HIMSELF, HERSELF, OR ITSELF OUT AS OR ACTED AS, TEMPORARILY OR OTHER-
WISE, A RADON SERVICE PROFESSIONAL WITHIN THIS STATE WITHOUT A VALID
LICENSE. THE DEPARTMENT SHALL, BEFORE MAKING SUCH DETERMINATION AND
ORDER, GIVE SUCH PERSON NOTICE AS PROVIDED IN SECTION FOUR HUNDRED
FORTY-SEVEN-I OF THIS ARTICLE AND AFFORD SUCH PERSON AN OPPORTUNITY TO
BE HEARD IN PERSON OR BY COUNSEL IN REFERENCE THERETO IN AN ADJUDICATORY
PROCEEDING HELD PURSUANT TO THIS ARTICLE.
§ 447-M. VIOLATIONS AND PENALTIES FOR UNLICENSED ACTIVITIES. ANY
PERSON SUBJECT TO AN ADMINISTRATIVE ORDER ISSUED BY THE SECRETARY
DIRECTING THE CESSATION OF ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED
AND/OR SUSPENDING OR REVOKING A LICENSE PREVIOUSLY ISSUED WHO DIRECTLY
OR INDIRECTLY ENGAGES IN THE BUSINESS OF RADON PROFESSIONAL SERVICES,
HOLDS HIMSELF, HERSELF, OR ITSELF OUT TO THE PUBLIC AS BEING ABLE TO
ENGAGE IN THE BUSINESS OF RADON PROFESSIONAL SERVICES WITHOUT A LICENSE
THEREFOR, ENGAGES IN THE BUSINESS OF HOME INSPECTION AFTER HAVING HIS OR
HER LICENSE REVOKED OR SUSPENDED, OR WITHOUT A LICENSE TO ENGAGE IN THE
BUSINESS OF RADON PROFESSIONAL SERVICES DIRECTLY OR INDIRECTLY EMPLOYS,
PERMITS OR AUTHORIZES AN UNLICENSED PERSON TO ENGAGE IN THE BUSINESS OF
RADON PROFESSIONAL SERVICES SHALL BE GUILTY OF A MISDEMEANOR AND UPON
THE FIRST CONVICTION THEREOF SHALL BE SENTENCED TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS; UPON A SECOND OR SUBSEQUENT CONVICTION THERE-
OF SHALL BE SENTENCED TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS
NOR MORE THAN FIVE THOUSAND DOLLARS. EACH VIOLATION OF THIS ARTICLE
SHALL BE DEEMED A SEPARATE OFFENSE.
§ 447-N. JUDICIAL REVIEW. THE ACTION OF THE SECRETARY IN SUSPENDING,
REVOKING, OR REFUSING TO ISSUE OR RENEW A LICENSE, OR IMPOSING AN ORDER
DIRECTING THE CESSATION OF UNLICENSED ACTIVITY OR IMPOSING A FINE OR
REPRIMAND MAY BE REVIEWED BY THE SUPREME COURT IN THE MANNER PROVIDED BY
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 447-O. SEVERABILITY. IN THE EVENT IT IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
GRAPH OR SECTION, OR ANY OF THE PROVISIONS OF THIS ARTICLE, IS UNCONSTI-
TUTIONAL OR OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
NOT AFFECT THE VALIDITY OR EFFECT OF THE REMAINING PROVISIONS OF THIS
ARTICLE.
§ 2. This act shall take effect immediately.
