Ohio Admin. Code 3745-7-12 - [Effective until 7/3/2025] Suspension or revocation of certification
(A)
The director may suspend or revoke the certificate of a facility specific or professional operator, issued
under this chapter, upon finding that the professional operator has done any of the
following:
(1) Fraudulently obtained or
attempted to obtain any certificate or renewal thereof.
(2) Performed the duties of
a professional
an operator in a negligent or incompetent
manner.
(3) Knowingly or
negligently created, maintained or submitted misleading, inaccurate, or false
reports, documents, or applications to any governmental organization or their
employer.
(4) Operated in a manner
endangering the public health or welfare.
(5) Operated in such a manner to have
violated, or caused to be violated, any provisions of Chapter 6109. or 6111. of the
Revised Code.
(6) Represented
themself as a certified professional
operator without a valid certificate.
(7) Performed the duties of a professional
operator of record without a valid certificate of the appropriate field and
classification, unless in accordance with the exemptions and exceptions
contained in this chapter.
(8) Had
a certificate suspended or revoked in any other jurisdiction.
(B) The council may review
information and allegations regarding the performance of a certified
professional operator, and may interview
the professional operator, informant, or
others. The council may request appearances before the council. The requests
shall be sent by certified mail or any form of
delivery requiring a signed
electronic delivery
with confirmed receipt. Upon completion of such review the council may
recommend that the director suspend or revoke one or more of
a
anprofessional operator's certificates.
(C) The director shall notify the certified
professional operator, and may notify the
employer thereof, of a proposed action under this rule. The notice shall be by
certified mail or any form of delivery requiring a
signed
electronic delivery with
confirmed receipt and shall set forth the action proposed by the
director, the reason therefor, the length of time the proposed action shall be
applied, and the procedure for appealing the action. An action taken by the
director under this rule does not preclude the director from pursuing
additional civil or criminal enforcement. Suspension or revocation may include
any or all professional operator
certificates issued by the director under this chapter of the Administrative
Code. In cases dealing with fraudulent or falsified information, the director
shall take action on all certificates held by the certified
professional operator.
(D) Suspension of a professional
an
operator's certificate shall be effective for an initial period of not more
than five years, during which time the certificate is not valid. The suspension
shall continue until the following conditions are met:
(1) No earlier than thirty days before the
end of a certificate suspension, a person may submit a request for
reinstatement of a suspended certificate.
A certificate shall remain suspended until such time as a request is submitted and reinstatement approved by the director.
(2) No earlier than thirty days
before the end of a certificate suspension, a person seeking reinstatement of a
certificate shall submit information to the agency regarding work activities
during the period of suspension. During the period of suspension, the
professional operator shall acquire the
contact hours and pay all renewal fees required by this chapter. Upon review of
the submittal, the council may recommend to the director that the
professional operator's certification be
reinstated or that the suspension be extended.
(E) The professional
certified operator whose certificate has been
suspended shall not be the professional operator of record of a public water
system, treatment works, water distribution system, or sewerage system.
Operating experience obtained during a period of suspension shall not be
considered for meeting certification requirements.
(F) Revocation of a professional
an
operator's certificate shall be permanent.
(G) Indictment in a criminal case for a crime
related to the field of certification shall result in suspension of all
certificates held by the certified professional operator until such time as the
criminal case is resolved.
(H)
Conviction of a crime related to the field of certification shall result in
suspension of all certificates held by the convicted certified
professional operator until such time as
all opportunities for appeal of such conviction have been exhausted, at which
point, all certificates held by the certified professional operator shall be revoked.
(I)
A
professional
An operator shall return any
suspended or revoked certificates to the director by certified mail or any
other form of mail accompanied by a receipt within seven days of the effective
date of the suspension or revocation.
(J) Actions affecting the status of
a professional
an operator's certificate shall be taken in accordance
with Chapters 3745-47 and 3745-49 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 119.03, 6111.46
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 02/01/1964, 04/17/1986, 01/01/1999, 12/21/2006, 02/23/2012, 08/15/2018, 03/01/2022
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) The director may suspend or revoke the certificate of a facility specific or professional operator , issued under this chapter, upon finding that the professional operator has done any of the following:
(1) Fraudulently obtained or attempted to obtain any certificate or renewal thereof.
(2) Performed the duties of a professional an operator in a negligent or incompetent manner.
(3) Knowingly or negligently created, maintained or submitted misleading, inaccurate, or false reports, documents, or applications to any governmental organization or their employer.
(4) Operated in a manner endangering the public health or welfare.
(5) Operated in such a manner to have violated, or caused to be violated, any provisions of Chapter 6109. or 6111. of the Revised Code.
(6) Represented themself as a certified professional operator without a valid certificate .
(7) Performed the duties of a professional operator of record without a valid certificate of the appropriate field and classification, unless in accordance with the exemptions and exceptions contained in this chapter.
(8) Had a certificate suspended or revoked in any other jurisdiction.
(B) The council may review information and allegations regarding the performance of a certified professional operator, and may interview the professional operator, informant, or others. The council may request appearances before the council . The requests shall be sent by certified mail or any form of delivery requiring a signed electronic delivery with confirmed receipt. Upon completion of such review the council may recommend that the director suspend or revoke one or more of a anprofessional operator's certificates.
(C) The director shall notify the certified professional operator, and may notify the employer thereof, of a proposed action under this rule. The notice shall be by certified mail or any form of delivery requiring a signed electronic delivery with confirmed receipt and shall set forth the action proposed by the director , the reason therefor, the length of time the proposed action shall be applied, and the procedure for appealing the action. An action taken by the director under this rule does not preclude the director from pursuing additional civil or criminal enforcement. Suspension or revocation may include any or all professional operator certificates issued by the director under this chapter of the Administrative Code. In cases dealing with fraudulent or falsified information, the director shall take action on all certificates held by the certified professional operator.
(D) Suspension of a professional an operator's certificate shall be effective for an initial period of not more than five years, during which time the certificate is not valid. The suspension shall continue until the following conditions are met:
(1) No earlier than thirty days before the end of a certificate suspension, a person may submit a request for reinstatement of a suspended certificate.
A certificate shall remain suspended until such time as a request is submitted and reinstatement approved by the
(2) No earlier than thirty days before the end of a certificate suspension, a person seeking reinstatement of a certificate shall submit information to the agency regarding work activities during the period of suspension. During the period of suspension, the professional operator shall acquire the contact hours and pay all renewal fees required by this chapter. Upon review of the submittal, the council may recommend to the director that the professional operator's certification be reinstated or that the suspension be extended.
(E) The professional certified operator whose certificate has been suspended shall not be the professional operator of record of a public water system , treatment works , water distribution system, or sewerage system . Operating experience obtained during a period of suspension shall not be considered for meeting certification requirements.
(F) Revocation of a professional an operator's certificate shall be permanent.
(G) Indictment in a criminal case for a crime related to the field of certification shall result in suspension of all certificates held by the certified professional operator until such time as the criminal case is resolved.
(H) Conviction of a crime related to the field of certification shall result in suspension of all certificates held by the convicted certified professional operator until such time as all opportunities for appeal of such conviction have been exhausted, at which point, all certificates held by the certified professional operator shall be revoked.
(I) A professional An operator shall return any suspended or revoked certificates to the director by certified mail or any other form of mail accompanied by a receipt within seven days of the effective date of the suspension or revocation.
(J) Actions affecting the status of a professional an operator's certificate shall be taken in accordance with Chapters 3745-47 and 3745-49 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 119.03, 6111.46
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 02/01/1964, 04/17/1986, 01/01/1999, 12/21/2006, 02/23/2012, 08/15/2018, 03/01/2022