Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Denial,
probation, suspension or revocation of registration. The department
may deny an application for registration or renewal, place a registration on
probation, suspend or revoke a registration, or order a registered tester not
to test or repair backflow prevention assemblies when the department finds that
the applicant or registered tester has committed any of the following acts:
a. Negligence or incompetence in the testing
of a backflow prevention assembly, including failure to report improper
application or installation of a backflow prevention assembly to the facility
owner and the administrative authority.
b. Knowingly submitting a false report of a
test of a backflow prevention assembly to the owner of the facility, the local
administrative authority, or the department.
c. Fraud in obtaining registration or renewal
including, but not limited to:
(1)
Intentionally submitting false information on an application for registration
or renewal;
(2) Submitting a false
or forged certificate or other record of training or certification.
d. Falsification of the assembly
records set forth in subrule 26.6(2).
e. Failure to comply with these rules or the
ordinances of an administrative authority in whose jurisdiction the registered
tester tests a backflow prevention assembly.
f. Failure to pay registration, renewal or
late fees.
g. Habitual intoxication
or addiction to drugs.
h. Violating
a statute of this state or another jurisdiction relating to backflow prevention
assembly testing, including but not limited to crimes involving dishonesty,
fraud, theft, controlled substances, substance abuse, assault, sexual abuse,
sexual misconduct, or homicide. A copy of the record of conviction or plea of
guilty is conclusive evidence of the violation.
i. Suspension, revocation, or other
disciplinary action pertaining to backflow prevention assembly testing in
another jurisdiction. A copy of the record or order of suspension, revocation
or disciplinary action is conclusive evidence.
j. Knowingly making misleading, deceptive,
untrue, or fraudulent representations regarding the testing of backflow
prevention assemblies, or engaging in unethical conduct or practice harmful or
detrimental to the public. Proof of actual injury need not be established. Acts
that may constitute unethical conduct include:
(1) Verbally or physically abusing a client
or coworker.
(2) Improper sexual
contact with, sexual harassment of, or improper sexual advances upon a client
or coworker. Sexual harassment includes sexual advances, sexual solicitation,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature.
k. Failing to
cooperate with an investigation or engaging in conduct attempting to subvert an
investigation.
l. Failure to comply
with the terms of a department order or the terms of a settlement agreement or
consent order.
m. Knowingly aiding,
assisting or advising a person to unlawfully practice as a backflow prevention
assembly tester.
n. Representing
oneself as a registered backflow prevention assembly tester when one's
registration has been suspended, revoked, lapsed, or placed on inactive
status.
o. Acceptance of any fee by
fraud or misrepresentation.
p.
Failure to appropriately respond to written communication from the department
sent by registered or certified mail.
(2)
Denial or revocation of training
course approval. The department may deny or revoke the approval for a
training course or a continuing education course when it finds:
a. The lead instructor for a training course
is not qualified in accordance with paragraph
26.4(1)"f."
b. The
training course did not comply with paragraph
26.4(1)"e."
c. The
training course testing laboratory did not comply with paragraph
26.4(1)"g."
d. The
organization or person applying for approval of a training or continuing
education course intentionally submitted false information to the department in
support of such approval.
e. The
organization or person conducting or sponsoring training has falsified training
or continuing education records, including issuance of a certificate or other
record of training to a person who did not successfully complete a training
course or who did not attend continuing education training.
f. The organization or person responsible for
a training or continuing education course has permitted physical or verbal
abuse or sexual harassment of a student or instructor. Sexual harassment
includes sexual advances, sexual solicitation, requests for sexual favors, and
other verbal or physical conduct of a sexual nature.
g. The organization or person responsible for
training courses and continuing education courses consistently fails to notify
the department of such courses in a timely fashion as set forth in paragraphs
26.4(1)"d" and 26.4(2)"a," or fails to pay
its fees.
h. Failure to comply with
these rules.
(3)
Denial or revocation of approval as a third-party certification
agency. The department may deny or revoke the approval for a
third-party certification agency when it finds:
a. The application for approval contains
material misinformation regarding the conduct and standards of the
certification program or its acceptance in other jurisdictions.
b. Failure to adhere to the standards and
procedures stated in the application for approval in the process of certifying
or renewing the certification of testers.
c. Violations of paragraph
26.4(3)"b" or other failure to comply with these
rules.
(4)
Complaints. Complaints regarding a registered tester, an
approved training course, or a third-party certification agency may be sent to
the department. The complainant should provide as much pertinent and specific
information as to a potential violation as they are able to.
(5)
Appeals. Notice of
denial, probation, suspension or revocation of registration; denial, probation
or revocation of course approval; or denial, probation or revocation of
third-party certification agency approval will be sent to the affected
individual or organization by certified mail, return receipt requested, or by
personal service. The affected individual or organization may appeal the
denial, probation, suspension or revocation by requesting a contested case
hearing within 20 days of receipt of the department's order. The notice of
denial, probation, suspension or revocation is deemed to be suspended during
the appeal. Prior to or at the contested case hearing, the department may
rescind the notice upon satisfaction that the reason for the denial, probation,
suspension or revocation has been or will be removed. 481-Chapters 9 and 10 are
applicable to contested case appeals.
