W. Va. Code R. § 64-4-13

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 64-4-13 - Suspension and Revocation
13.1. The Commissioner may suspend or revoke the certification of an operator if the individual:
13.1.1. Uses fraud or deceit in obtaining certification;
13.1.2. Fails to comply with this rule. Failure to notify the Commissioner of voluntary termination of employment in accordance with subdivision 5.2.4. of this rule, even though the failure shall not subject the certified operator to the penalties of section 14 of this rule.
13.1.3. Performs the duties of a water operator in a grossly negligent or incompetent manner;
13.1.4. Knowingly or negligently submits misleading, inaccurate, or false reports to the Commissioner; or,
13.1.5. Violates, or causes to be violated, any portion of Bureau for Public Health legislative rules, Public Water Systems, 64CSR3, or Cross-Connection Control and Backflow Prevention, 64CSR15.
13.2. The Commissioner shall notify the certified operator and the employer via certified mail of a proposed suspension or revocation. The notification shall set forth the action proposed, the effective date, the reason for the suspension or revocation, and the length of time of the proposed action.
13.3. The suspension of an operator's certification is effective for an initial period of not more than one year, during which time the certification is not valid, and the individual may not operate a PWS. The individual shall obtain the CEHs required for that certification level, as if the suspension had not occurred.
13.4. The revocation of an operator's certification is for a period of not less than one year during which time the certification is not valid, and the individual may not operate a PWS. After the period of ineligibility caused by the revocation has expired, the formerly certified operator shall, at a minimum, pass the examination at the certification level previously held to regain certification.

W. Va. Code R. § 64-4-13