Current through Reg. 50, No. 13; March 28, 2025
(a) The commission may suspend or revoke a registration for:
(1) failure to maintain complete and accurate records;
(2) alteration of any record, except justified and documented corrections;
(3) delivery of used oil to an unregistered entity;
(4) failure to comply with this rule or an order issued by the commission;
(5) failure to submit required reports;
(6) failure to maintain financial assurance; or
(7) failure to reasonably perform the used oil activities for which the registration was issued.
(b) A registration shall be suspended for a period of one year. However, depending upon the seriousness of the offense(s), the time of suspension may be increased or decreased. A registration is revoked automatically on a second suspension. If the registration is suspended or revoked, a facility must not possess or accept used oil regulated under this rule.
(c) The holder of a revoked used oil registration may reapply for registration after a period of at least one year. If a registration is revoked by the commission a second time, the revocation shall be permanent.
(d) The procedure for an appeal of a suspension or revocation of registration is:
(1) An opportunity for a formal hearing on the suspension or revocation of registration may be requested in writing by certified mail, return receipt requested. The request must be postmarked within 20 days after a notice of proposed suspension or revocation of registration has been sent to the last known address of the applicant.
(2) An opportunity for a formal hearing may be requested in writing by the applicant by certified mail, return receipt requested. The request must be postmarked within 20 days after a notice of denial of registration has been sent to the last known address of the applicant. If the registration is denied, a person must not possess used oil regulated under this rule.
(3) The formal hearing under this paragraph shall be in accordance with the requirements of §
305.68 of this title (relating to Action and Notice of Petition for Revocation or Suspension).
