8 AAC 61.870. Revocation of certificate

(a) The department will, in its discretion, revoke a certificate issued under 8 AAC 61.855 if a certificate holder

(1) provides, to an employer or to the department, false information relative to his or her hazardous painting certification;

(2) has a mental or physical impairment that the department determines might interfere with the certificate holder's safe performance of painting; or

(3) knowingly or recklessly disregards safe work practices while performing painting work.

(b) If the department revokes a certificate, the department will promptly notify the certificate holder in writing of the reason for the revocation and of the procedure under 8 AAC 61.880 for appealing the revocation.

(c) If the certificate holder does not appeal the revocation to the commissioner within the time set in 8 AAC 61.880, the revocation takes effect on the day following the last day for filing an appeal. If the certificate holder appeals the revocation to the commissioner within the time set in 8 AAC 61.880, the certificate remains valid until the commissioner rules on the appeal.

(d) A person whose certificate is revoked under this section shall surrender the certificate to the department. A person is ineligible to obtain a new certificate for a period of at least 90 days, but not exceeding one year, after the effective date of the revocation, as determined by the department. A certificate obtained by a person during a period of ineligibility is not valid.

(e) In determining the period of ineligibility under (d) of this section, the department will consider the circumstances upon which the revocation is based.

History: Eff. 5/14/89, Register 110

Authority: AS 18.63.060

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