Section 250-RICR-150-10-6.13 - Disciplinary Action for Class I, II, III and IV LicenseesA. Where the Director has identified negligence, incompetence or misconduct on the part of a licensee in fulfilling the requirements of these Rules, the Director may issue a notification letter to the licensee documenting the transgression. A copy of the notification shall be placed in the licensee's file, and a copy shall be provided to the review panel established pursuant to § 6.13(E) of this Part.B. Denial, Suspension, or Revocation of License - The Director may deny, suspend or revoke a license if the individual has failed to comply with the requirements in these Rules or where the individual:1. Provided incorrect, incomplete or misleading information in obtaining the license;2. Demonstrated gross or repeated negligence, incompetence or misconduct in representation of site conditions; design of an OWTS; preparation of any plans, certifications or applications submitted to the Department; in the inspection of an installation of an OWTS; in the supervision of subordinates performing work covered under these Rules; or by lack of responsiveness to inquiry by the Department pursuant to a complaint being investigated by the Department;3. Committed a felony involving moral turpitude; or4. Has a professional license that is a minimum qualification to obtain the designer's license in § 6.11(B) of this Part which has expired, is suspended or is revoked.C. Penalties - The Director may assess penalties in association with any suspension or revocation of a license or where a licensee has failed to comply with the requirements in these Rules. Penalties shall be assessed in accordance with the Department's Rules and Regulations for the Assessment of Administrative Penalties, Part 130-00 -1 of this Title.D. Denial of License Renewal - The Director may deny the renewal of a license if the individual has failed to comply with the requirements in these Rules or where the individual: 1. Provided incorrect, incomplete or misleading information in obtaining the license;2. Demonstrated gross or repeated negligence, incompetence or misconduct in representation of site conditions; design of an OWTS; preparation of any plans, certifications or applications submitted to the Department; in the inspection of an installation of an OWTS; or in the supervision of subordinates performing work covered under these Rules;3. Committed a felony involving moral turpitude;4. Failed or neglected to comply with the professional development continuing education requirements;5. Failed to comply with a quality control plan submission or requirements as required by the Department to address deficiencies in application submittals; or6. Has a professional license that is a minimum qualification to obtain the designer's license in § 6.11(B) of this Part which has expired, is suspended or is revoked.E. Review Panel - The Director shall appoint a Review Panel which shall consist of five (5) members, at least three (3) of whom shall be licensed under this Rule and not be employed by the Director. Members of the Review Panel shall be appointed for a two (2) to five (5) year term. The Director may appoint new members to serve out the remaining time of those members who leave the Review Panel before the end of their term. The Director may also limit the number of terms an individual can serve. The Review Panel shall conduct regular meetings as needed, but shall meet not less than once every six (6) months. The Review Panel shall have the authority to: 1. Review complaints against Licensed Designers and Soil Evaluators, including requesting information to aid such review;2. Review the performance related deficiencies identified pursuant to § 6.13(A) of this Part; and 3. Recommend to the Director to suspend or revoke a license, including the time period for the suspension or revocation, and other remedial action that may be appropriate, which would depend on the characterization of the severity of the violations involved.F. The Director shall be responsible for all final decisions regarding denial, suspension and revocation of licenses issued pursuant to these Rules as well as any other disciplinary actions to be brought against a licensee. Nothing herein shall prevent or restrict the Director from initiating any disciplinary action regarding denial, suspension or revocation of a license without the recommendation of the Review Panel.G. Complaint Review - The procedure for Departmental review of complaints regarding Licensed Designers or Soil Evaluators is described below. At any time during the review of the complaint, the Director may request an informal meeting with the licensee to discuss the complaint.1. Upon receipt of a written complaint regarding a Licensed Designer or Soil Evaluator, the Director shall contact the licensee and all relevant parties to the complaint as part of the Director's preliminary review.2. If as a result of the preliminary review, the Director concludes that the complaint lacks merit or is not within the Department's jurisdiction under these Rules, the Director shall dismiss the complaint and no record of the complaint shall be placed in the licensee's file.3. If as a result of the preliminary review, the Director concludes that the complaint may have merit, the Director shall forward the complaint and a report of any findings to the Review Panel.4. The Review Panel shall review the complaint and make recommendations appropriate to its authority to the Director.H. Notice of Intent - In accordance with R.I. Gen. Laws § 42-35-14, before the Director denies renewal of, suspends or revokes a license, the Director will issue a Notice of Intent by certified mail or hand delivery to the licensee notifying the licensee of the Director's intention to deny renewal of, revoke or suspend the license and the reasons why the Director intends to take such action. The licensee receiving the Notice of Intent may request a preliminary hearing before the Director or his or her designee to show cause why the Director should not deny, revoke or suspend the license. Such hearing shall be held within thirty (30) days of the Director's receipt of a written request by the licensee or an attorney representing the licensee for such preliminary hearing. If the licensee fails to request a preliminary hearing within twenty (20) days of receipt of the Notice of Intent, fails to make himself or herself reasonably available to attend a preliminary hearing, or fails to show cause to the Director or his or her designee why the Director should not deny renewal, revoke or suspend the license, the Director may deny renewal, revoke or suspend the license in accordance with these Rules and other applicable statutes or Regulations. If the Director finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension may be ordered pending proceedings for revocation or other action.I. Request for Hearing - Requests for a hearing on the denial of examination eligibility, denial of renewal, suspension, or revocation of a license must be filed with the clerk of the Department of Environmental Management, Administrative Adjudication Division within thirty (30) days of the date of the licensee's receipt of such notice by certified mail or hand delivery.J. Censure - The Director may publicly censure any Licensed Designer or Soil Evaluator whose license has been subject to an official enforcement action.K. Suspension - Any individual with a suspended license is prohibited from practicing any work allowed under the license, renewing the license, or applying for a new license for the period of the suspension.L. Revocation - Any individual who has a license revoked pursuant to this Rule shall not petition the Director for reinstatement for a period of time to be determined by the Director.250 R.I. Code R. 250-RICR-150-10-6.13
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022