Section Env-Wt 905.10 - Suspension, Revocation, or Refusal to Renew Certificate(a) As provided in RSA 482-A:3, XIX, a certificate issued under this part may be suspended, revoked, or not renewed for just cause.(b) Just cause to suspend, revoke, or refuse to renew a certificate shall include the following; (1) Installing culverts in violation of the requirements specified in Env-Wt 905.08(d);(2) Refusing to correct defective work;(3) Failing to use reasonable care, judgment, and application of his or her knowledge in the performance of his or her duties;(4) Failing to submit required quarterly reports;(5) Submitting false or misleading information regarding any application for an initial or renewal certificate; and(6) Obtaining any certificate through fraud, deceit, or intentional falsification.(c) If after issuing a certificate the department receives information which indicates that just cause, as specified in (b), above, exists to suspend or revoke the certificate, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 that apply to adjudicative proceedings.(d) After proceeding in accordance with (c), above, the department shall revoke the certificate if the department determines that the certified individual: (1) Intentionally submitted false or misleading information on any application for an initial or renewal certificate or otherwise obtained a certificate through fraud, deceit, or falsification;(2) Repaired, replaced, or modified a culvert in violation of the requirements specified in Env-Wt 905.08(d) more than once in any 2-year period or in such a way as to cause water quality violations;(3) Refused to correct defective work;(4) Failed to use reasonable care, judgment, and application of his or her knowledge when maintaining, repairing, replacing, or modifying a culvert where such failure resulted in more than incidental damage to public or private property;(5) Intentionally submitted false or misleading information on any quarterly report; or(6) Intentionally failed to submit one or more required quarterly reports.(e) An individual whose certificate has been revoked shall not be eligible to reapply for a new certificate for 2 years.(f) After proceeding in accordance with (c), above, the department shall suspend the certificate if the department determines that the certified individual: (1) Negligently or inadvertently submitted false or misleading information regarding any application for an initial or renewal certificate, but the certificate would have been issued even with correct information that was not misleading;(2) Repaired, replaced, or modified a culvert in violation of RSA 482-A, Env-Wt 100 et seq., and best management practices to protect water quality, but: a. Did not do so more than once in any 2-year period; andb. Did not cause water quality violations;(3) Failed to use reasonable care, judgment, and application of his or her knowledge when maintaining, repairing, replacing, or modifying a culvert, where such failure resulted in no damage or only incidental damage to public or private property;(4) Negligently or inadvertently submitted false or misleading information on any quarterly report; or(5) Negligently failed to submit more than one required quarterly report.(g) If a certificate is suspended pursuant to (f), above, or (i)(2), below, the department shall not reinstate the certificate until the certified individual: (1) Remedies all violations, including as applicable:a. Providing accurate and complete information regarding an application for an initial or renewal certificate; b. Correcting any defective work that has not already been corrected;c. Providing corrected quarterly reports; andd. Submitting all required quarterly reports;(2) Completes an extra 2 hours of instruction from an approved provider in the area in which the reason for the suspension occurred; and(3) Submits a written request to the department requesting that the certificate be reinstated, together with documentation that the requirements of (1) and (2), above, have been met.(h) If after receiving a request for renewal of a certificate the department receives information which indicates that just cause, as specified in (b), above, exists to refuse to renew the certificate, the department shall proceed in accordance with (c), above.(i) After proceeding in accordance with (c), above, the department shall: (1) Refuse to renew the certificate, if the department determines that one or more of the reasons to revoke a certificate, as listed in (d), above, applies; or(2) Renew the certificate and suspend it, if the department determines that one or more of the reasons to suspend a certificate, as listed in (f), above, applies.(j) An individual whose certificate has been refused renewal shall not be eligible to reapply for a new certificate for 2 years.(k) If the department renews a certificate and suspends it as specified in (i)(2), above, the department shall not reinstate the certificate until the certified individual has complied with (g)(1)-(3), above.N.H. Code Admin. R. Env-Wt 905.10
Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12809, Effective 12/15/2019, Expires 12/15/2029.