Section 18 AAC 74.830 - Disciplinary action(a) The department may revoke a certificate upon a determination that one or more of the following acts of misconduct occurred:(1) fraud or deceit in obtaining the certificate;(2) fraud or deceit in plant record keeping;(3) gross negligence in the operation of a system;(4) a substantial violation of the requirements of this chapter or 18 AAC 80.(b) When considering whether to enter into a consent agreement with an operator, issue a letter of reprimand to the operator, or suspend or revoke a certificate, the department will consider the potential threat to human health or the environment, the severity of the act of misconduct, and any previous acts of misconduct.(c) The department will consider board recommendations in deciding whether to enter into a consent agreement with an operator, issue a letter of reprimand to an operator, or suspend or revoke a certificate. Not later than 30 days before the board meeting, the department will issue a notice to the operator, including a description or the allegations, the date, time, and location or the board meeting, and how the operator can participate in the meeting. If the alleged act of misconduct poses a clear and immediate threat to public health or environment, the department may waive the 30-day notice in order to hold an immediate meeting of the board, while still providing appropriate notice to the operator. Not later than 10 days after the meeting, the meeting, the board shall issue a recommendation to the department based on a presentation of facts, including the testimony of the operator. The department will issue a decision not later than 30 days after receiving the board's recommendation.(d) An operator whose certificate has been suspended may not be the supervising operator of a system type that is the same as the system type for which the certificate that has been suspended was originally issued.(e) An operator whose certificate has been suspended may have the certificate reinstated at the end of the suspension period if the certificate renewal requirements of 18 AAC 74.810 are met. The operator shall pay the certificate reinstatement fee required by 18 AAC 74.870(i) at the time of certificate reinstatement.(f) An operator whose certificate has been revoked will not be issued future certification and shall forfeit all other valid certificates indefinitely. An operator whose certificate has been revoked may not serve as an operator at any water or wastewater system.(g) If an operator's certificate has been suspended the operator may not use operating experience gained during suspension to satisfy the experience requirements of 18 AAC 74.050 or 18 AAC 74.440.(h) A disciplinary action is a department decision that is subject to review under 18 AAC 74.860. The commissioner will not participate in a decision made under this section.Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220, January 2017The subject matter of 18 AAC 74.830 was previously located at 18 AAC 74.100. The history note for 18 AAC 74.830 does not reflect the history of 18 AAC 74.100.
Authority:AS 46.30.030
AS 46.30.060
AS 46.30.080
AS 46.30.090