R317-10-14. Certificate Suspension and Revocation Procedures

  A. Grounds for suspending or revoking an operator's certificate may be any of the following:

  1. demonstrated disregard for the public health and safety;

  2. misrepresentation or falsification of figures, reports, or both, submitted to the State;

  3. cheating on a certification exam;

  4. falsely obtaining or altering a certificate; or

  5. significant negligence, incompetence or misconduct in the performance of duties as an operator.

  B. Suspension or revocation may result where it may be shown that circumstances and events relative to the operation of the wastewater works were under the operator's jurisdiction and control. Circumstances beyond the control of an operator shall not be grounds for suspension or revocation action.

  C. The council may make recommendations to the director regarding the suspension or revocation of a certificate.

  1. Prior to making any such recommendation, the council shall inform the individual in writing of the reasons the council is considering such a recommendation.

  2. The council shall provide an opportunity for an informal hearing if requested by the certificate holder in writing within 30 days after the date of the notice.

  D. Following an informal hearing, or the expiration of the period for requesting a hearing, the director shall make a final determination, after taking into consideration the final recommendation of the council.

  E. A challenge to the director's determination may be made as provided in Rule R305-7.