Section R18-5-109. Denial, Suspension, Probation, and Revocation

A.       If the Department decides to deny, suspend, or revoke a certif- icate, or to place an operator on probation, the Department shall act in accordance with A.R.S. Title 41, Chapter 6, Article 10 and 18 A.A.C. 1, Article 2.

B.       The Department may revoke or suspend a certificate, or place an operator on probation, if the Department finds that the oper- ator:

1.        Operates a facility in a manner that violates federal or state law;

2.        Negligently operates a facility or negligently supervises the operation of a facility;

3.        Fails to comply with a Department order or order of a court;

4.        Obtains, or attempts to obtain, a certificate by fraud, deceit, or misrepresentation;

5.        Engages in fraud, deceit, or misrepresentation in the oper- ation or supervision of a facility;

6.        Knowingly or negligently prepares a false or fraudulent report or record regarding the operation or supervision of a facility;

7.        Endangers the public health, safety, or welfare;

8.        Fails to comply with the terms or conditions of probation or suspension; or

9.        Fails to cooperate with an investigation by the Depart- ment including failing or refusing to provide information required by this Article.

C.       The Department shall deny certification to an applicant who does not meet the requirements of R18-5-105 or R18-5-110, or who is ineligible for certification pursuant to a Department order or order of a court.

D.       The Department may place an operator on probation or sus- pend an operator’s certificate to address deficiencies in opera- tor performance. The terms of probation or suspension may include completion of additional PDHs, increased reporting of operator activity, limitations on activities the operator may perform, or other terms to address deficiencies in operator per- formance.

E.       During the period of suspension, an individual whose certifi- cate is suspended shall not operate a facility of the class of the suspended certificate.

F.        An operator whose certificate is suspended or revoked, or who has been placed on probation, shall immediately notify the owner of a facility where the operator is employed of the sus- pension, revocation, or probation.

Historical Note

Former Section R9-20-511 repealed, new Section R9-20- 511 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-511 amended, renumbered as Sec- tion R9-20-509, then renumbered as Section R18-4-109 effective October 23, 1987 (Supp. 87-4). R18-5-109 recodified from R18-4-109 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16,

2001 (Supp. 01-1). Amended by final rulemaking at 11

A.A.R. 998, effective April 2, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 4527, effec-

tive January 31, 2009 (Supp. 08-4).