R317-11-12. Suspension, Revocation, or Annulment of Certification

12.1. Grounds for suspending, revoking, or annulling a person's certificate may be, but are not limited to, any of the following:

A. demonstrated disregard for the public health and safety;

B. misrepresentation or falsification of information or reports submitted to the division;

C. cheating on a certification exam;

D. falsely obtaining or altering a certificate; or

E. incompetence, misconduct or significant negligence in the performance of work done pursuant to the certification.

12.2. Disciplinary action such as suspension, revocation, or annulment of certificate by the director may result where it is shown that the circumstances and events relative to the work done pursuant to the certification were under the individual's jurisdiction and control. Circumstances beyond the control of the individual shall not be grounds for disciplinary action.

12.3. Any certificate not issued as specified in this rule will be annulled.

12.4. Recommendations may be made to the director regarding the suspension, revocation, or annulment of a certificate. Prior to making any such recommendation, the individual shall be informed in writing of the reasons for such a recommendation. The individual shall be allowed an opportunity for an informal hearing before a review committee appointed by the director. Any request for an informal hearing shall be made within 30 days of the date the notification is mailed.

12.5. Following an informal hearing, or the expiration of the period for requesting a hearing, the director shall be notified of the final recommendation.

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