Fla. Admin. Code Ann. R. 62-602.870 - Suspension and Revocation of Operator License
(1) The Department shall, depending on
aggravating and mitigating circumstances, in addition to a fine, suspend a
license for a period not to exceed 2 years for any of the following reasons:
(a) Submission of false or misleading
information in an application for license or for renewal of a
license.
(b) Cheating on an
examination.
(c) Incompetence in
the performance of duties of an operator that results in a treatment plant or
water distribution system, under the direct charge of the operator, being
operated in a manner inconsistent with standard operating
practice.
(2) The
Department shall permanently revoke a license for any one of the following
reasons:
(a) Fraud in the submission of
applications or documentation for license or renewal.
(b) Determination by the Department that an
operator falsified or intentionally misrepresented, or finds persistent
inaccuracy or incompleteness of, data or information contained in documents or
reports required to be submitted to the Department or an approved local
regulatory agency, including the operation, laboratory or maintenance reports
or logs required to be maintained, signed, or submitted by an
operator.
(c) A finding by the
Department that negligence in the performance of duties as an operator has
resulted in harm to public health or safety or to the environment.
(d) Suspension of license more than
twice.
(3) Revocation can
be permanent or for a shorter time. If less than permanent, a person with a
revoked license may seek certification as an operator upon completion of the
revocation period and its conditions. Such certification must meet all of the
requirements in Rule 62-602.300, F.A.C.
(4) Before revoking or suspending a license,
the Department shall give written notice to the persons involved, setting forth
with specificity the allegations of fact which justify the Department's
proposed actions. Within 21 days of receipt of notification, the person
affected may petition for an administrative hearing under Sections
120.569 and
120.57, F.S.
(5) Licenses that have been revoked or
suspended shall be returned to the Department within 30 days after the
effective date of revocation or suspension.
(6) In order to resume practicing as an
operator, persons with suspended licenses shall not be required to reexamine
for licensure after the period of suspension has passed, unless or until the
person's license expires of its own accord.
Notes
Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.876 FS.
New 12-30-99, Amended 10-15-07.
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