Section 184.503  Grounds for Denial, Refusal to Renew, Suspension and Revocation

a)         The Agency may deny, refuse to renew, suspend or revoke any license for any one or any combination of the following causes:

1)         The practice of any fraud or deceit in obtaining or attempting to obtain a license;

2)         Negligence or misconduct in the practice of industrial hygiene which endangered the health or safety of the public, an employee, or the environment;

3)         Repeated violations of federal, state or local laws, regulations, standards, or ordinances regarding health and safety;

4)         Conviction in Illinois or another state of any crime which is a felony under the laws of Illinois or that other state or conviction of a felony in a federal court;

5)         Being declared to be a person under a legal disability by a court of competent jurisdiction; or

6)         Revocation or suspension of Certified Industrial Hygienist status by the ABIH for cause.

b)         The Agency may issue, renew or refuse to suspend or revoke a license notwithstanding the applicability of any of the factors set forth in subsection (a), above, if mitigating factors exist such that a license should be issued.  Mitigating factors may include, but shall not be limited to, the following:

1)         The severity of the misconduct;

2)         How recently the misconduct took place; and

3)         The degree of control exerted over worker and public health and safety at a site by the applicant or Licensed Industrial Hygienist at the time any misconduct described in subsection (a), above, was committed.

c)         Relative to all original and renewal applications and in all hearings before the Agency conducted under this Part, a person seeking licensure shall have the burden of demonstrating that he or she is entitled to the license.