Fla. Admin. Code Ann. R. 62-602.850 - Disciplinary Guidelines
When the Department finds that a person who is subject to regulation under Sections 403.865 through 403.876, F.S., has violated any of the provisions set forth in Rule 62-602.800 or 62-602.870, F.A.C., or Sections 403.865 through 403.876, F.S., it shall issue an administrative order imposing appropriate penalties for each count within the ranges recommended in the following disciplinary guidelines:
(1) Performing the duties of an operator
without an active license. The recommended penalty is an administrative fine of
a minimum of $100 for each month of performance, up to a maximum of $1,
000.00.
(2) Use of the name or
title "water treatment plant operator, " "domestic wastewater treatment plant
operator, " or "water distribution system operator, " or any other words,
letters, abbreviations, or insignia indicating or implying that a person is a
licensed operator, or otherwise holds himself out as an operator, unless the
person is a holder of a valid license. The recommended penalty is an
administrative fine of a minimum of $250.00, up to a maximum of $1,
000.00.
(3) Knowingly allowing the
use or failing to report the use of his or her own license, as the license of
another. The recommended penalty is from a minimum of a 1 year suspension, up
to a maximum of revocation of the operator's license.
(4) Knowingly or negligently submitting
misleading, false, inaccurate, or forged information or evidence to the
Department. The recommended penalty for an applicant not already licensed as an
operator is denial of the application and prohibition of reapplication from a
minimum of 2 years, up to a maximum of 3 years. The recommended penalty for an
operator shall be revocation of the operator's license and prohibition of
reapplication for a minimum of 2 years, up to a maximum of permanent revocation
of the operator's license.
(5)
Using or attempting to use a license that has been suspended, revoked, or
placed on inactive status. The recommended penalty for practicing on an
inactive license is a fine of $100.00 for each month of practice up to $1,
000.00. The recommended penalty for practicing on a suspended license is from a
minimum of a $1, 000.00 fine, up to a maximum of an additional 1 year
suspension. The recommended penalty for practicing on a revoked license is
denial of application for license for a minimum of 3 years, up to a maximum of
5 years, and a referral to the state attorney for criminal sanctions.
(6) Employing unlicensed persons to perform
the duties of an operator or fulfilling, or employing persons to fulfill,
operator staffing requirements under Chapter 62-699, F.A.C., without an active
license of the appropriate type and appropriate class or level. The recommended
penalty is an administrative fine of a minimum of $500.00, up to a maximum of
$1, 000.00.
(7) Concealing
information relative to any violation of this rule. The recommended penalty is
the imposition of an administrative fine of a minimum of $500.00, up to a
maximum of $1, 000.00; and suspension of license from a minimum of 1 year, up
to license revocation. The actual penalty imposed depends upon the severity of
the violation to cause plant upset, produce drinking water that does not meet
the applicable requirements, or endanger the safety of plant employees or the
public.
(8) Failure to comply with
the provisions of Rule
62-602.650, F.A.C. The
recommended penalty for failure to submit reports in a timely manner, or to
maintain operation and maintenance logs, as required by Rule
62-602.650, F.A.C., is from a
minimum issuance of a probation letter to a maximum administrative fine of
$100.00 per day of the occurrence up to a maximum of $1, 000.00 for the
offense. The recommended penalty for failure to report unpermitted discharges,
interruption of service, plant upsets, or the failure to report the production
of drinking water that does not meet the applicable requirements is from a
minimum of a suspension of license of 1 year, up to a maximum of revocation of
license. The recommended penalty for failure to perform treatment plant or
water distribution system operation in a manner consistent with standard
operating practices, or failure to comply with any other provision of Rule
62-602.650, F.A.C., is from a
minimum administrative fine of $100 per day of the occurrence up to a maximum
of $1, 000.00 for the offense.
(9)
Checks for licensure, license renewal, examination returned for insufficient
funds. The recommended penalty is suspension of license until the full fees are
received, including the charge for insufficient funds.
Notes
Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.875, 403.876 FS.
New 12-30-99, Amended 2-6-02, 10-15-07.
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