Current through Register No. 13, March 27, 2025
(a) As
provided in
RSA
482-A:3, XIX, a certificate
issued under this part may be suspended, revoked, or not renewed for just
cause.
(b) Just cause to suspend,
revoke, or refuse to renew a certificate shall include the following;
(1) Installing culverts in violation of the
requirements specified in
Env-Wt
905.08(d);
(2) Refusing to correct defective
work;
(3) Failing to use reasonable
care, judgment, and application of his or her knowledge in the performance of
his or her duties;
(4) Failing to
submit required quarterly reports;
(5) Submitting false or misleading
information regarding any application for an initial or renewal certificate;
and
(6) Obtaining any certificate
through fraud, deceit, or intentional falsification.
(c) If after issuing a certificate the
department receives information which indicates that just cause, as specified
in (b), above, exists to suspend or revoke the certificate, the department
shall proceed in accordance with
RSA
541-A:30 and the provisions of Env-C 200 that
apply to adjudicative proceedings.
(d) After proceeding in accordance with (c),
above, the department shall revoke the certificate if the department determines
that the certified individual:
(1)
Intentionally submitted false or misleading information on any application for
an initial or renewal certificate or otherwise obtained a certificate through
fraud, deceit, or falsification;
(2) Repaired, replaced, or modified a culvert
in violation of the requirements specified in
Env-Wt
905.08(d) more than once in any
2-year period or in such a way as to cause water quality violations;
(3) Refused to correct defective
work;
(4) Failed to use reasonable
care, judgment, and application of his or her knowledge when maintaining,
repairing, replacing, or modifying a culvert where such failure resulted in
more than incidental damage to public or private property;
(5) Intentionally submitted false or
misleading information on any quarterly report; or
(6) Intentionally failed to submit one or
more required quarterly reports.
(e) An individual whose certificate has been
revoked shall not be eligible to reapply for a new certificate for 2
years.
(f) After proceeding in
accordance with (c), above, the department shall suspend the certificate if the
department determines that the certified individual:
(1) Negligently or inadvertently submitted
false or misleading information regarding any application for an initial or
renewal certificate, but the certificate would have been issued even with
correct information that was not misleading;
(2) Repaired, replaced, or modified a culvert
in violation of RSA 482-A, Env-Wt 100
et seq., and
best management practices to protect water quality, but:
a. Did not do so more than once in any 2-year
period; and
b. Did not cause water
quality violations;
(3)
Failed to use reasonable care, judgment, and application of his or her
knowledge when maintaining, repairing, replacing, or modifying a culvert, where
such failure resulted in no damage or only incidental damage to public or
private property;
(4) Negligently
or inadvertently submitted false or misleading information on any quarterly
report; or
(5) Negligently failed
to submit more than one required quarterly report.
(g) If a certificate is suspended pursuant to
(f), above, or (i)(2), below, the department shall not reinstate the
certificate until the certified individual:
(1) Remedies all violations, including as
applicable:
a. Providing accurate and complete
information regarding an application for an initial or renewal certificate;
b. Correcting any defective work
that has not already been corrected;
c. Providing corrected quarterly reports;
and
d. Submitting all required
quarterly reports;
(2)
Completes an extra 2 hours of instruction from an approved provider in the area
in which the reason for the suspension occurred; and
(3) Submits a written request to the
department requesting that the certificate be reinstated, together with
documentation that the requirements of (1) and (2), above, have been
met.
(h) If after
receiving a request for renewal of a certificate the department receives
information which indicates that just cause, as specified in (b), above, exists
to refuse to renew the certificate, the department shall proceed in accordance
with (c), above.
(i) After
proceeding in accordance with (c), above, the department shall:
(1) Refuse to renew the certificate, if the
department determines that one or more of the reasons to revoke a certificate,
as listed in (d), above, applies; or
(2) Renew the certificate and suspend it, if
the department determines that one or more of the reasons to suspend a
certificate, as listed in (f), above, applies.
(j) An individual whose certificate has been
refused renewal shall not be eligible to reapply for a new certificate for 2
years.
(k) If the department renews
a certificate and suspends it as specified in (i)(2), above, the department
shall not reinstate the certificate until the certified individual has complied
with (g)(1)-(3), above.
#10491, eff
12-21-13