Section Env-Dw 502.11 - Suspension, Revocation, or Refusal to Renew an Active Certificate(a) If the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to suspend or revoke an active certificate, the department shall proceed in accordance with RSA 332-E:9 and the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.(b) After proceeding in accordance with (a), above, the department shall: (1) Revoke the certificate if it determines that the reason that good cause exists cannot be corrected to conform to applicable requirements and that revoking the certificate will provide greater protection to public health and safety than renewing the certificate; or(2) Suspend the certificate, if it determines that the reason that good cause exists can be corrected to conform to applicable requirements.(c) If a certificate is suspended pursuant to (b)(2), above, the department shall not reinstate the certificate until: (1) The reason that good cause exists has been corrected to conform with applicable requirements; and(2) The operator submits a written request to the department for the certificate to be reinstated, which explains all of the actions taken to address the basis for the suspension.(d) If after receiving a request for reinstatement of a certificate pursuant to (c)(2), above, the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to refuse to renew the certificate, the department shall proceed in accordance with (a), above.(e) After proceeding in accordance with (a), above, based on (d), above, the department shall: (1) Refuse to reinstate the certificate, if it determines that good cause exists that cannot be corrected to comply to applicable requirements and that not reinstating the certificate will provide greater protection to public health and safety than reinstating the certificate; or(2) Reinstate the certificate, if it determines that under the totality of the circumstances, not reinstating the certificate will result in greater harm to public health and safety than reinstating the certificate.(f) Good cause to suspend, revoke, or refuse to renew a certificate shall include the following: (1) Failing to use care, judgment, and knowledge in the performance of the operator's duties;(2) Knowingly operating a water treatment plant or distribution system contrary to applicable requirements;(3) Obtaining a certificate through fraud, deceit, or falsification;(4) Submitting false or misleading information regarding any application for certification or renewal;(5) Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a public water system;(6) Failing to submit required operational documentation to applicable regulatory agencies;(7) Having a professional or occupational certification or license in any field from another certifying or licensing authority suspended, revoked, or refused renewal or reinstatement; and(8) Failing to perform the operational duties specified in Env-Dw 502.25.(g) Administrative appeals made by an applicant in response to decisions of the department in this section shall be heard by the water council under RSA 21-O:14.N.H. Admin. Code § Env-Dw 502.11
(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12363, Effective 8/19/2017, Expires 8/19/2027.