18 AAC 78.470. Suspension or revocation; disciplinary action

(a) Upon written finding, the division of occupational licensing will, in its discretion, suspend certification for a period recommended by the department, or revoke a certification if a certified tank worker

(1) fraudulently obtained certification;

(2) fails at any time to meet the requirements for certification;

(3) fails to comply with this chapter;

(4) fails to meet any applicable federal, state, or local law relating to the service performed under the certification; or

(5) falsifies a document regarding work done under this chapter.

(b) If the department receives a complaint regarding the work performance of a person certified under this chapter, or if the department initiates a complaint under (a) of this section, the department will

(1) notify the certified worker of the nature of the complaint and explain all rights and duties under the law;

(2) keep the name of the certified worker confidential unless it finds that disciplinary action, as described in (c) of this section, is warranted;

(3) if the complainant is a third party, request from the complainant the specific nature of the alleged violation, including the statute, regulation, or industry standard that was allegedly violated by the certified worker, if known, and any other documentation the department believes is necessary to determine the validity of the complaint; and

(4) fully review the documentation obtained and determine whether disciplinary or other action is warranted.

(c) If the department finds that disciplinary action is appropriate under (a) or (b) of this section, it will notify the division of occupational licensing of its recommended action, including reasons for the recommendation. The department will, in its discretion, recommend suspension of the certificate for a specific period, or revocation of the certificate. If a certificate is suspended under this subsection, the period of suspension will not exceed the remaining life of the certificate.

(d) If the department finds that the disciplinary or other action is not warranted, it will notify the certified worker and the complainant in writing that the allegations were found to be untrue or that the evidence was insufficient.

History: Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131

Authority: AS 46.03.020

AS 46.03.365

AS 46.03.375

Publisher's note: This section was amended on 8/4/94 (Register 131) to add (a)(5). This amendment was mistakenly shown as (b)(5) until Register 140 (January 1997).

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