Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 23 - Technician Certification Program
Section 7 CSR 10-23.030 - Certification Suspension and Revocation Procedures and the Appeal Process for Technicians and Sampling or Testing Technicians-in-Training
Universal Citation: 7 MO Code of State Regs 10-23.030
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This proposed amendment provides for the revoking of all certifications for up to one (1) year by the review board, extends the records period to five (5) years, and provides for possible consequences to the supervisor of an intern.
(1) Certification Suspension and Revocation.
(A) The materials qualification engineer
(MQE), after investigation of wrongdoing by a technician, shall propose
suspension or revocation of the certification of that technician to the review
board if he or she is found to have committed fraud, abuse, willful negligence,
or has demonstrated incompetence identified by the technician's supervisor or a
certified technician, verified by a second certified technician.
(B) The review board shall evaluate any
proposal by the MQE to suspend or revoke the certification of a technician to
determine whether action should be taken against that technician in the public
interest. Depending upon the seriousness of the technician's acts or omissions,
the existence of past review board actions against him or her, and any
mitigating factors, the review board may take the following actions against
that technician:
1. Issue a written reprimand
to the technician;
2. Suspend all
certifications held by the technician, reserving the right for the review board
to establish in each case the effective date and length of any suspension, not
to exceed one (1) year in duration;
3. Revoke all certifications held by the
technician for one (1) year upon issuance of revocation, requiring the
technician to seek certification anew and complete all certification
requirements again pursuant to
7
CSR 10-23.020; or
4. Revoke all certifications held by the
technician, prohibiting the technician from seeking certification anew pursuant
to
7
CSR 10-23.020 for a period of up to ten (10)
years.
(C) The MQE must
notify the technician in writing within ten (10) working days of any
determinations made by the review board on a proposal to suspend or revoke the
technician's certification by the MQE.
(D) Any actions taken by the review board
against a technician, except for certification revocation, will be removed from
the technician's existing record five (5) years after the date of such
actions.
(2) Registered Intern Status Suspension and Revocation.
(A)
The MQE, after investigation of wrongdoing by an individual with registered
intern status, shall propose suspension or revocation of the registered intern
status of that individual to the review board if he or she is found to have
committed fraud, abuse, willful negligence, or has demonstrated incompetence
identified by that individual's supervisor or a certified technician, verified
by a second certified technician.
(B) The review board shall evaluate any
proposal by the MQE to suspend or revoke the registered intern status of an
individual to determine whether actions should be taken against that individual
in the public interest. Depending upon the seriousness of the individual's acts
or omissions, the existence of past review board actions against him or her,
and any mitigating factors, the review board may take the following actions
against that individual:
1. Issue a written
reprimand to the individual and supervisor if the supervisor is found to have
contributed to improper procedures performed by the registered intern. The
supervisor will be subject to
7
CSR 10-23.030;
2. Suspend the registered intern status held
by the individual, reserving the right for the review board to establish in
each case the effective date and length of any suspension, not to exceed six
(6) months in duration;
3. Revoke
the registered intern status held by the individual, prohibiting the individual
from seeking registered intern status and certification pursuant to
7
CSR 10-23.020 for a period of up to one (1) year;
or
4. Revoke the registered intern
status held by the individual, prohibiting the individual from seeking
certification pursuant to
7
CSR 10-23.020 for a period of up to five (5)
years.
(C) The MQE must
notify the individual with registered intern status in writing within ten (10)
working days of any determinations made by the review board on a proposal to
suspend or revoke the individual's registered intern status by the
MQE.
(D) Any actions taken by the
review board against an individual with registered intern status, except for
registered intern status revocation, will be removed from the individual's
existing record five (5) years after the date of such actions.
(3) Appeal.
(A) Request for Informal Hearing.
1. When the MQE notifies a technician of a
decision made by the review board concerning a proposal to suspend or revoke
his or her certification, the technician will have the opportunity to present
information and arguments and request an informal hearing by the review board.
Such request must be submitted in writing to the review board through the MQE
within thirty (30) days of the determination made by the review
board.
2. When the MQE notifies an
individual with registered intern status of a decision made by the review board
concerning a proposal to suspend or revoke his or her registered intern status,
the individual will have the opportunity to present information and arguments
and request an informal hearing by the review board. Such request must be
submitted in writing to the review board through the MQE within thirty (30)
days of the determination made by the review board.
(B) Procedure. If a technician or an
individual with registered intern status requests a timely informal hearing,
the review board, through the MQE, shall advise that person of the time, date,
and place of the informal hearing. This is not a contested case under Chapter
536, RSMo. The rules of evidence shall not apply at the informal
hearing.
(C) Recourse. The decision
of the review board after an informal hearing is considered final.
*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; and 227.030, RSMo 1939.
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