Section 250-RICR-150-10-5.12 - Revocation of CertificatesA. The Board may suspend or revoke the Certificate of an Operator, Laboratory Technician or Maintenance Technician when it finds that he/she performed his/her duties in a negligent manner that produced an effluent below the standards normal for the particular facility operated; or that he/she has practiced fraud or deception; or that reasonable care, judgment or the application of his/her knowledge or ability was not used in the performance of his/her duties; or that an individual is incompetent or unable to perform his/her duties properly. In determining when such action(s) may be necessary, the Board may use Table III as a reference for suggested levels of action.B. Before the Board may institute proceedings to suspend or revoke a Certificate, it will send notice, by certified mail to the individual whose Certificate is being considered for suspension or revocation, of the facts or conduct which warrant the intended action. The notice shall afford the individual thirty (30) days from receipt of the notice to submit a written response or request a meeting before the Board to show compliance with all lawful requirements for the retention of the Certificate. If the Certificate holder fails to submit a written response or request a meeting before the Board to show compliance within thirty (30) days of the receipt of said notice or fails to show cause why the Certificate should not be revoked, the Board may revoke the Certificate in accordance with these Regulations, R.I. Gen. Laws Chapters 42-17.4 through 42-17.8, and R.I. Gen. Laws Chapter 42-35. The notice of revocation shall be mailed by certified mail to the Certificate holder.C. If the Board finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a Certificate may be ordered pending proceedings for revocation. These proceedings shall be promptly instituted and determined.D. The Certificate holder may request a hearing on the suspension or revocation of the Certificate with the Board. The request for hearing must be received by the Board within thirty (30) days of the date of receipt of the notice of suspension or revocation. The hearing shall comply with the requirements of R.I. Gen. Laws § 42-35-9. Appeal from the final decision of the Board may be made as provided under R.I. Gen. Laws Chapter 42-35.250 R.I. Code R. 250-RICR-150-10-5.12
Amended effective 10/28/2021