250 R.I. Code R. 250-RICR-150-10-6.14

Current through December 26, 2024
Section 250-RICR-150-10-6.14 - Installer's License
A. Installer's License - An Installer's License authorizes an individual to install, construct, alter or repair an OWTS. A Licensed Installer shall install an OWTS in accordance with § 6.47 of this Part.
B. Obtaining an Installer's License
1. Each applicant for an Installer's License shall submit a completed application to the Director along with a non-refundable application fee.
2. Applicants for an Installer's License will be required to demonstrate possession of and ability to properly use a level or transit and to obtain a passing grade on a written examination given by the Director. The examination shall be intended to demonstrate an applicant's understanding of the Rules and the ability to read and interpret approved plans and specifications for OWTSs.
3. Installer's Licenses are not transferable or assignable and shall automatically become invalid upon suspension or revocation.
4. Installer's Licenses shall be in effect for a period not to exceed three (3) years following the date of issuance.
C. Expiration, Renewal, and Reinstatement of Installer's Licenses
1. Once an Installer's License issued pursuant to this Rule has expired, the individual that held such license is prohibited to practice as a Licensed Installer.
2. An Installer's License shall be renewed upon payment of a renewal fee and the submittal of proof of completion of any professional development continuing education required by the Director.
3. If an installer's license has expired for less than one (1) year, the license may be reinstated in accordance with § 6.14(C)(2) of this Part. If the license has expired for greater than one (1) year, the license may be reinstated provided the request is made within three (3) years of the license expiration; the applicant pays a reinstatement fee; and the applicant demonstrates completion of any professional development continuing education as required by the Director. If the license is not reinstated within the three (3) year period after expiration, the applicant must reapply for the license and take the installer's examination.
D. Denial, Suspension and Revocation of Installer's Licenses
1. The Director may deny, suspend or revoke an Installer's License if the individual has failed to comply with the requirements in these Rules or where the individual:
a. Provided incorrect, incomplete or misleading information in obtaining the license; or
b. Demonstrated gross or repeated negligence, incompetence or misconduct in installing OWTSs.
2. In accordance with R.I. Gen. Laws § 42-35-14, before the Director suspends or revokes a license, the Director will issue a Notice of Intent to Revoke/Suspend a license by certified mail or hand delivery to the licensee notifying the licensee of the Director's intention to revoke or suspend the license and the reasons why the Director intends to take such action. The licensee receiving the Notice of Intent to Revoke/Suspend may request a preliminary hearing before the Director or his or her designee to show cause why the Director should not 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 to Revoke/Suspend, 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 revoke or suspend the license, the Director may revoke or suspend the license in accordance with these Rules. 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.
3. The licensee may request a hearing on the denial, suspension, or revocation of a license with the Department of Environmental Management, Administrative Adjudication Division within thirty (30) days of the date of receipt of such notice.
4. The Director may publicly censure any Licensed Installer whose license has been suspended or revoked.
5. Any individual with a suspended Installer's 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.
6. Any individual who has an Installer's 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-150-10-6.14

Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022