La. Admin. Code tit. 46 § XXIII-1501

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXIII-1501 - Revocation, Modification, and Suspension of Certification

A. The board may revoke, modify, or suspend an operator's certification, if it determines that the operator has practiced fraud or deception in obtaining certification or in operating thereunder, or has been negligent in applying reasonable care, judgment, knowledge, or ability in the performance of his duties.

B. Written Notice

1. When the board determines that an operator's certification should be suspended, modified, or revoked, the board shall notify that operator by certified mail. Such written notice shall contain the following:

a. facts that will justify a suspension, modification, or revocation of certification;

b. a description of the general nature of the evidence supporting the suspension, modification, or revocation; and

c. a recommendation that the operator's certification be suspended, modified, or revoked, unless the operator, within 30 days after receipt of the notice, submits a request for a hearing before the board. The request for hearing shall be submitted to the Board of Certification and Training. A written statement providing the operator's view of the circumstances shall accompany the request for hearing.

2. If the operator does not mail a request for hearing and a statement of the circumstances within the time frame specified, the board shall recommend suspension for a specified period of time, modification, or revocation.

La. Admin. Code tit. 46, § XXIII-1501

Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:409 (May 1984), amended by the Department of Environmental Quality, Board of Certification and Training for Solid Waste Disposal Operators, LR 20:656 (June 1994), amended by the Office of Environmental Assessment, LR 30:2800 (December 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3154.