Iowa Admin. Code r. 567-134.15

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 567-134.15 - Disciplinary actions

(1) The department may impose disciplinary actions which may include, but are not limited to, notices of deficiency, probationary notices, suspension of a certification and, pursuant to 567-134.16 (455B), revocation of a certification.

(2) A notice of deficiency or probationary notice shall not be an appealable decision. The recipient of a notice may contest the basis for the notice in writing, and such response shall be made part of the certification record. A person subject to a notice to suspend or revoke a certification may appeal the notice as provided in 567-Chapter 7.

(3) The department may suspend the certification of a certified inspector or certified company for good cause, and based on a single act or omission or repeated acts or omissions. The suspension may require the certified inspector to take remedial measures intended to correct or prevent future acts and omissions. Good cause includes, but is not limited to:

a. A violation of these rules.

b. Negligent misrepresentation of material facts in a compliance report.

c. Negligent failure to identify a material violation of UST operation and maintenance standards set out in 567-134.14 (455B).

d. Repeated failure to conduct compliance inspections and submit reports in accordance with the standards set out in 567-134.14 (455B).

e. Incompetence on the part of the certified inspector as evidenced by errors in the performance of duties and activities for which the certification was issued.

f. Repeated failure to submit reports of inspection activities to the department or the owner and operator as provided in 567-134.14 (455B).

(4) The suspension of a company certification or inspector certification shall prevent the company or person from engaging in activities for which certification is required.

(5) The department may require that the certified inspector successfully complete a special training program, examination or other remedial measures sponsored or approved by the department and designed to strengthen the specific weakness in the certified inspector's performance of duties as identified in the suspension order.

(6) A certified inspector or certified company shall immediately surrender the certificate or license, as applicable, to the department as of the effective date of a suspension order. The department may reinstate the certification if it is determined the person has satisfied the terms of the suspension order and the certification has not expired.

Iowa Admin. Code r. 567-134.15

Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/23/2021