Or. Admin. Code § 340-049-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-049-0080 - Refusal and Revocation of Certificate and Appeal Process

(1) The Director may refuse to issue, renew or reinstate a certificate, or may suspend or revoke the certificate of any person on the following grounds:

(a) Obtaining or renewing a certificate by fraud, deceit, or misrepresentation; or

(b) Gross or repeated negligence, incompetence or misconduct in performance of duties as an operator or supervisor of a wastewater treatment system or wastewater collection system in Oregon or any other state or province; or

(c) Failure of the operator to comply with the lawful orders, rules or regulations of the Department; or

(d) Failure of the operator certified by reciprocity to comply with the lawful orders, rules or regulations of any other state, province, or certifying authority; or

(e) False or fraudulent reporting or record-keeping by the operator regarding the operation or supervision of a wastewater treatment system or wastewater collection system in Oregon or any other state or province.

(2) If the Director refuses to issue, renew or reinstate, or suspends or revokes a person's certificate, the Director must give notice to the person of opportunity for a contested case hearing in accordance with OAR 340-011-0097.

(3) After a period of twenty-four (24) months, the Director may reinstate the certificate of any person whose certificate has been revoked upon presentation of evidence satisfactory to the Director that such reinstatement is warranted. The Director may require re-examination and submittal of fees as a condition of the certificate reinstatement.

(4) This rule applies to any matter pending before the Department or Commission.

Or. Admin. Code § 340-049-0080

DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02

Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.405-448.430 & 448.992