Current through Rules and Regulations filed through September 23, 2024
(1) The Department may revoke the
certification of any person or entity under this Chapter, or may deny
certification, for any of the following reasons:
(a) A violation of Title 31 of the Official
Code of Georgia or the Rules of this Department;
(b) An unfair or deceptive trade practice as
defined by Code Section
10-1-393;
(c) Performing services for which a
certification is required if, at the time of the service, the person or entity
lacks a current certification;
(d)
A material misrepresentation or omission on any application for certification
or renewal;
(e) A criminal
conviction, including a plea of nolo contendere, for any felony, crime of moral
turpitude, or offense related to on-site sewage services;
(f) Failure to pay certification or renewal
fees;
(g) Failure to maintain
continuing education credits required by the Department;
(h) A civil judgment based on conduct related
to on-site sewage services; or
(i)
Such other conduct as, in the opinion of the Department, would render continued
certification of the person or entity a threat to the health or safety of the
public.
(2) The
Department may, in its discretion, impose a lesser sanction where the
circumstances of the violation do not merit revocation of the certification,
including suspension or probation on specified terms.
(3) Procedure.
(a) The Department may, but is not required
to, refer information concerning a certified person or entity to the
Certification Review Committee. The Committee shall review the evidence and
make a recommendation to the Department.
(b) The Department shall give written notice
of any disciplinary action taken pursuant to this regulation by certified mail
or statutory overnight delivery to the last known address of the person or
entity. The notice shall set forth the facts which support disciplinary
action.
(c) Upon request made in
writing and received by the DPH Office of General Counsel no later than twenty
days after the written notice of disciplinary action is mailed, the Department
shall refer the matter to the Georgia Office of State Administrative Hearings
for hearing in accordance with its rules. The burden of proof shall be on the
person or entity seeking the hearing.
(4) Effective date of disciplinary action.
(a) All disciplinary actions by the
department are effective twenty days after the certified person's receipt of
the notice, unless otherwise specified in the notice, or unless the certified
person makes a timely request for a hearing.
(b) Upon a written finding set forth in the
notice of disciplinary action that the public safety, heath, and welfare
imperatively require emergency action, the suspension of the certification
shall be effective immediately upon issuance of the notice.
(5) Upon request for exculpatory,
favorable, or arguably favorable information relative to pending allegations
involving disciplinary action, the Department shall either furnish such
information, indicate that no such information exists, or provide such
information to the hearing officer for in camera inspection
pursuant to O.C.G.A. §
50-13-18(d)(2).
O.C.G.A. Secs.
12-8-1, 31-2A-6, 31-2A-11.
