Section 0400-40-17-.03 - MAINTENANCE AND REVOCATION OF CERTIFICATION(1) Certificates will be valid for three years from issuance. Once a person has been certified by the department as a qualified hydrologic professional, he or she must successfully complete a refresher course offered by the department every three years in order to maintain such certification. Evidence of successful completion of a refresher course shall be submitted by the hydrologic professional with the application for renewal of a certificate at least 90 days before expiration of the certificate. A new certificate will not be issued without evidence of successful completion of a refresher course.(2) During the term of a certificate, the department may revoke the certification of any qualified hydrologic professional if it is determined that there is cause. Cause for decertification includes, but is not limited to, failure to timely and successfully complete any required refresher courses, submission to the department of materially false information, or repeated submission of reports in support of hydrologic determinations that contain significant failures to exercise the skills of a certified hydrologic professional in accordance with these rules and the Guidance for Making Hydrologic Determinations (Guidance) which contains the instructions and examples for proper application of these rules to situations in the field that has been developed pursuant to § 69-3-107(25). Such revocation shall be sent to the hydrologic professional by certified mail. An appeal of a revocation will be heard by the board as a contested case under the Uniform Administrative Procedures Act, Tenn. Code Ann. §§ 4-5-301 et seq. A revocation by the Commissioner or by an order of the board will not become effective until the applicable period for filing an appeal from such action has passed without the filing of an appeal.(3) If a person's certification as a qualified hydrologic professional is revoked by the department, the person may appeal the revocation by filing a petition stating the reasons for disagreeing with the revocation with the board within 30 days of the date of receipt of the revocation.(4) When a person's certification as a qualified hydrologic professional has been revoked, he or she must again successfully complete the Tennessee Hydrologic Delineation Class offered or accredited by the department. However, the de-certified person may not re-apply to take the class for a period of one year after the certification has been revoked.Tenn. Comp. R. & Regs. 0400-40-17-.03
Original rule filed March 2, 2011; effective May 11, 2011.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.