R309-300-9. Certificate Suspension and Revocation Procedures

  1. The Secretary shall inform a certificate holder, in writing, if the certificate is being considered for suspension or revocation of an Operator's certificate. The communication shall state the reasons for considering such action and allow the individual an opportunity for a hearing.

  2. Grounds for suspending or revoking an Operator's certificate shall be any of the following:

  (a) demonstrated disregard for the public health and safety;

  (b) misrepresentation or falsification of figures and reports, or both, submitted to the State;

  (c) cheating on a certification exam.

  3. Suspension or revocation may be imposed when the circumstances and events were under the certificate holder's control. Disasters or "acts of God" which could not be reasonably anticipated will not be grounds for a suspension or a revocation action.

  4. Following an appropriate hearing on these matters, the Commission will make a recommendation to the Director. The recommendation shall include a description of the findings of fact and shall be provided to the certificate holder. The information shall also outline the procedures to reapply for certification at the end of the specified disciplinary period.

  5. Any suspension or revocation may be appealed as provided in R305-7.