15.20.11.09

.09 Denial, Suspension, or Revocation of Certificate.

A. Certification of Operations.

(1) After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any person who:

(a) No longer meets the eligibility requirements of the Program;

(b) Violates any of the regulatory requirements of this chapter;

(c) Provides misleading, false, or fraudulent information in applying for a certification;

(d) Provides the Department with any misleading, false, or fraudulent report;

(e) Fails to promptly provide any report or to allow the Department access to inspect any operation certified under the Program or any record required to be kept by this chapter;

(f) Fails to comply with Certainty agreement for the operation; or

(g) Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

(2) The Department shall give notice and hold hearings in accordance with the Administrative Procedure Act.

(3) The Department may consider the following when assessing whether suspension or revocation is warranted:

(a) The willfulness of the violation;

(b) The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

(c) The extent to which the person exercised reasonable care;

(d) Any actual harm to human health or to the environment or the natural resources of the State;

(e) The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and

(f) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the person.

B. Certification of Verifiers.

(1) After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any verifier who:

(a) No longer meets the eligibility requirements of the Program;

(b) Violates any of the regulatory requirements of this chapter;

(c) Provides the Department with any misleading, false, or fraudulent report;

(d) Fails to promptly provide any report or any record required to be kept by this chapter;

(e) Fails to adhere to confidentiality requirements required by this chapter;

(f) Fails to meet continuing education requirements for verifiers;

(g) Is determined to be negligent or incompetent; or

(h) Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

(2) The Department shall give notice and an opportunity to be heard in accordance with the Administrative Procedure Act.

(3) The Department may consider the following when assessing whether suspension or revocation is warranted:

(a) The willfulness of the violation;

(b) The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

(c) The extent to which the person exercised reasonable care; and

(d) Any actual harm to human health or to the environment or the natural resources of the State.