The director may suspend or revoke the
certificate of a 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
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.
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.
a certificate suspended or revoked in any other jurisdiction.
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 receipt
. Upon completion of such review the council
may recommend that the director suspend or revoke one or more of a professional
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
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.
Suspension of a professional 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:
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 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 operator's
certificate shall be permanent.
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
(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
operator shall return any suspended or revoked certificates to the director by
certified mail or any other form of mail accompanied by
within seven days of the effective date of the suspension or
(J) Actions affecting
the status of a professional operator's certificate shall be taken in
accordance with Chapters 3745-47 and 3745-49 of the Administrative