New York City Department of Buildings denied the request submitted by an applicant [Petitioner] to renew his Site Safety Coordinator (SSC) certification on the ground that Petitioner made material false statements and demonstrated poor moral character in his original application for certification.
In his initial application, Petitioner was required to disclose whether any "licenses/certifications/registrations issued to [him]" had ever been revoked.
Petitioner failed to report that he had been authorized as an OSHA outreach trainer and that his authorization had been revoked because he failed to comply with OSHA requirements and falsified safety certificates.
The Appellate Division sustained the Department's determination explaining that although Petitioner's OSHA credentials "may not have been labeled a license, certification, or registration," his OSHA responsibilities were substantially similar to those of an SSC. Accordingly, said the court, the Department rationally concluded that Petitioner was required to disclose the revocation of those credentials.
The Appellate Division further opined that the Department rationally concluded that Petitioner exhibited poor moral character by failing to disclose OSHA's determination that he falsified agency documents.
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