Section 2773 - Grounds for Disciplinary ActionA tank tester may be liable civilly and in addition may be subject to administrative sanctions including, but not limited to, notices of warning, letters of caution, fine assessments, denial, suspension, probation, or revocation of his or her license in accordance with sections 25284.4(g) and (h) of the Health and Safety Code for performing or causing another to perform, any of the following acts:
(a) willfully or negligently violating, causing, or allowing the violation of the provisions of Chapters 16 and 17;(b) willfully or negligently failing to exercise direct and personal supervision over an unlicensed employee, associate, assistant, or agent during any phase of tank or piping integrity testing;(c) without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, or agent to use any tank or piping test method or equipment which is demonstrated to be unsafe or which does not meet the requirements of section 2643 of Chapter 16;(d) submitting false or misleading information in connection with an application for license or engaging in fraudulent or dishonest activity during the course of an examination for licensure;(e) using fraud or deception in the course of doing business as a tank tester,(f) failing to follow standard procedures set by the manufacturer of the equipment used and which were included in evaluating the equipment for conformance with EPA standards.(g) failing to maintain competence in the test method and procedures for which the tank tester received training and which the tank tester uses to test tanks and associated piping;(h) failing to use tank and piping test methods or equipment that has been determined to meet performance standards set by federal regulations in 40 CFR 280.40, 280.43, and 280.44;(i) failing to notify the Division within 30 calendar days of any change of residence or business address and telephone numbers;(j) failing to include the licensee's name, address, and license number in any advertisement as defined in section 2731;(k) aiding or abetting an unlicensed tank tester or assigning a license as defined in section 2731;(l) failing to possess, while performing services, a license which shall be presented upon demand to the tank owner or operator, the Division or its agents or any state or local official;(m) failing to keep and maintain complete and correct records as described in sections 2771 and 2772;(n) violating section 17500 of the Business and Professions Code;(o) failing to have successfully completed training from a manufacturer of tank or piping test equipment in the test method being used by the licensee prior to using the test method; and(p) using tank or piping test equipment and procedures which do not meet the requirements of Article 4 of Chapter 16.Cal. Code Regs. Tit. 23, § 2773
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment of section heading and text filed 6-6-94; operative 7-6-94 (Register 94, No. 23). Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code; and Section 17500, Business and Professions Code.
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment of section heading and text filed 6-6-94; operative 7-6-94 (Register 94, No. 23).