Ohio Admin. Code 3745-7-12 - [Effective 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 operator has done any of the following:
(1) Fraudulently obtained or attempted to
obtain any certificate or renewal thereof.
(2) Performed the duties of 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
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 operator,
and may interview the operator, informant, or others. The council may request
appearances before the council. The requests shall be sent by certified mail or
any electronic delivery with confirmed receipt. Upon completion of such review
the council may recommend that the director suspend or revoke one or more of an
operator's certificates.
(C) The
director shall notify the certified operator, and may notify the employer
thereof, of a proposed action under this rule. The notice shall be by certified
mail or any 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 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 operator.
(D)
Suspension of 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 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 operator's certification be reinstated or that the suspension
be extended.
(E) The
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 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 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 operator until such time as all
opportunities for appeal of such conviction have been exhausted, at which
point, all certificates held by the certified operator shall be
revoked.
(I) 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 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: 6109.04, 6111.46
Rule Amplifies: 6109.04, 6111.46
Prior Effective Dates: 02/01/1964, 04/17/1986, 01/01/1999, 12/21/2006, 02/23/2012, 08/15/2018, 03/01/2022, 11/07/2024
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