Section 293.0 - Denial, Suspension, or Revocation of Certification; Appeals(a) The Chief DAS may for good cause deny certification to an applicant. Good cause shall exist when the applicant does not satisfy the requirements of Section 291.1 or has failed the certification examination. The Chief DAS shall provide the applicant with written notice of the denial at the address shown on the application for certification or other address known to the DAS.(b) The Chief DAS may for good cause and after notice and, if requested, a hearing, suspend or revoke the certification of a person certified pursuant to this Subchapter. Good cause shall be deemed to exist if the person certified has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the certification or if the person obtained certification through mistake, misrepresentation or fraud.(c) For suspension or revocation of a certification, notice of the intention to suspend or revoke the certification shall be given in writing and served upon the person certified. Service shall be by personal service or certified mail to the person's address as shown on the certification application or other address known to the DAS. The notice shall specify the reasons for the action proposed to be taken by the DAS and the applicant's right to request a hearing.(d) Any applicant may appeal the denial of certification to the Chief DAS. The appeal shall be in writing and made within 30 days of service of the denial. The applicant shall have the burden of establishing that he/she qualifies for certification. The Chief DAS shall rule on the appeal, and shall have discretion to hold a hearing on the appeal before the Chief DAS or his or her authorized representative prior to the ruling. Any hearing must commence within 90 days after the DAS receives the appeal of the denial of certification. The ruling shall be in writing and shall be sent to the applicant within 90 days after the DAS receives the appeal, or within 90 days after the last day of hearing, whichever is later. The decision of the Chief DAS shall be final, except for judicial review provided by law.(e) An individual served with notice of the intention of the Chief DAS to suspend or revoke his or her certification may request a hearing with the Director by filing a written request for hearing with the Director within 30 days of service of the notice. Where no timely request for hearing has been made, the effective date of the suspension or revocation is deemed the 31st day following service of the notice of intention. The Director shall schedule a hearing before the Director or his or her authorized representative within 90 days after the Director receives the request for hearing. Following the hearing, the Director shall issue a written ruling that shall be sent to the appellant within 90 days after the last day of hearing. The decision of the Director shall be final except for judicial review provided by law.Cal. Code Regs. Tit. 8, § 293.0
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of subsections (d) and (e) filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6). Note: Authority cited: Section 3099, Labor Code. Reference: Section 3099, Labor Code.
1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).
2. Amendment of subsections (d) and (e) filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).