R 324.21514 Suspension and revocation of qualified underground storage tank consultant, certified underground storage tank professional certification.

Rule 14.

          (1)  If the department determines that a qualified consultant has failed to maintain, or otherwise no longer meets, the requirements for certification under part 215 of the act or these rules, then the department shall give the qualified consultant written notice, by certified mail, of its intent to revoke certification. The notice of intent to revoke shall clearly state the reasons why the qualified consultant no longer meets the requirements for certification, and shall inform the qualified consultant of the opportunity to voluntarily discontinue the certification under subrule (6) of this rule.  A qualified consultant may avoid revocation of its certification by submitting documentation to the department that demonstrates, to the department's satisfaction, compliance with all of the requirements set forth in these rules.  The documentation to demonstrate compliance with the certification requirements shall be submitted within 30 days from the receipt of a notice of intent to revoke. Alternatively, a qualified consultant may request in writing to voluntarily discontinue its certification under subrule (6) of this rule.  If a qualified consultant fails to provide the required documentation or to request discontinuance of certification within 30 days from receipt of a notice of intent to revoke, then the department shall provide a written notice of revocation.  Written notice of revocation shall be by certified mail.  If the review committee determines that the documentation submitted is not adequate to remedy the deficiencies, the qualified consultant shall be given written notice, by certified mail, of the determination.  The notice shall inform the qualified consultant of the opportunity to voluntarily discontinue their certification pursuant to subsection (6) of this rule within 30 days of receipt of notice.

          (2)  If the department determines that a certified professional has failed to maintain, or otherwise no longer meets, the requirements for certification under these rules, then the department shall provide a written notice of intent to revoke to the certified professional by certified mail.  The notice of intent to revoke shall clearly state the reasons why the department believes the certified professional no longer meets the requirements for certification, and shall inform the certified professional of the opportunity to voluntarily discontinue his or her certification under subrule (6) of this rule.  A person may avoid revocation of his or her certified professional certification by submitting documentation to the department that demonstrates, to the department's satisfaction, compliance with all requirements set forth in these rules.  The documentation to demonstrate compliance with the certification requirements shall be submitted within 30 days from the receipt of a notice of intent to revoke. Alternatively, the person may request in writing to voluntarily discontinue his or her certification pursuant to subrule (6) of this rule. If a person fails to provide the required documentation or to request discontinuance of certification within 30 days from receipt of notice of intent to revoke, then the department shall provide a written notice of revocation.  Written notice of revocation shall be by certified mail.  If the review committee determines that the documentation submitted is not adequate to remedy the deficiencies, the certified professional shall be given written notice, by certified mail, of the determination.  The notice shall inform the certified professional of the opportunity to voluntarily discontinue their certification pursuant to subsection (6) of this rule within 30 days of receipt of notice.  If a certified professional fails to request discontinuance of certification within 30 days from receipt of notice, then the department shall provide a written notice of revocation.  Written notice of revocation shall be by certified mail. 

          (3)  If a qualified consultant or certified professional performs an improper act or fails to perform a requirement specified in parts 213 or 215 of the act when obligated to do so and the act or failure to act constitutes a fraudulent practice as set forth in part 213 or part 215 of the act or meets the definition of "other causes" as defined in R 324.21501(h), or if a qualified consultant or certified professional submits information or causes information to be submitted and knew or should have known, based on the circumstances, that the information submitted is false or misleading, then the department shall provide a written notice of intent to revoke to the qualified consultant or certified professional stating its findings, and shall inform the qualified consultant or certified professional of the opportunity to voluntarily discontinue a certification pursuant to subsection (6) of this rule.  A person may avoid revocation of a qualified consultant or certified professional certification by submitting documentation to the department that demonstrates, to the department's satisfaction, compliance with all requirements set forth in these rules.  The documentation to demonstrate compliance with the certification requirements shall be submitted within 30 days from the receipt of a notice of intent to revoke.  Alternatively, the person may request in writing to voluntarily discontinue his or her certification pursuant to subrule (6) of this rule.  If a person fails to provide the required documentation or to request discontinuance of certification within 30 days from receipt of a notice of intent to revoke, then the department shall provide a written notice of revocation.  Written notice of revocation shall be by certified mail.  If the review committee determines that the documentation submitted is not adequate to remedy the deficiencies, the qualified consultant or certified professional shall be given written notice, by certified mail, of the determination.  The notice shall inform the qualified consultant or certified professional of the opportunity to voluntarily discontinue their certification pursuant to subsection (6) of this rule within 30 days of receipt of notice.  If a qualified consultant or certified professional fails to request discontinuance of certification within 30 days from receipt of notice, then the department shall provide a written notice of revocation.  Written notice of revocation shall be by certified mail.  

          (4)  If the department has determined that the public health, safety, or welfare is endangered, then the department may issue a notice of violation summarily suspending a qualified consultant or certified professional certification.  Written notice of a violation shall be by certified mail, personal service, or facsimile. Upon receipt of a notice of violation summarily suspending a qualified consultant or certified professional certification, the qualified consultant or certified professional shall immediately cease conducting activities that require a qualified consultant or certified professional to perform under part 213 or part 215 of the act and these rules. All data and work products created by the consultant relevant to the corrective actions at a site shall be made available to the department, if requested, under section 20117 of the act.  A qualified consultant shall notify the department of all owners and operators for whom the qualified consultant is providing consulting services at the time a notice of violation and suspension is received.  A person may respond to a notice of violation imposing suspension by submitting to the department, within 30 days from receipt of a notice of violation, written documentation that demonstrates compliance with all requirements set forth in these rules.  If a person fails to provide the required documentation within 30 days from receipt of a notice of violation under this subrule, or if the review committee determines that the documentation submitted does not adequately remedy the issues resulting in the suspension, then the department shall provide a written notice of revocation and the suspension will remain in effect through completion of the hearing process as described in this rule, or through completion of the revocation process as described in this rule, whichever applies.  Written notice of revocation shall be by certified mail.

          (5)  In investigating the conduct of a qualified consultant or certified professional, the department may use any available information in making a determination under this rule, including any information obtained before the effective date of these rules.

          (6)  A qualified consultant or certified professional may submit a written request to voluntarily discontinue a qualified consultant or certified professional certification at any time before receiving a written notice of revocation unless a notice of violation has been issued suspending certification.  However, if the department issues a written notice of revocation before the department receives a request to voluntarily discontinue a qualified consultant or certified professional certification, then discontinuance shall not be allowed.  Upon submitting to the department a request to voluntarily discontinue a qualified consultant or certified professional certification, the qualified consultant or certified professional shall immediately cease conducting activities that require a qualified consultant or certified professional to perform under part 213 or part 215 of the act and these rules. All data and work results created while under contract with the owner or operator shall be made available to the department, if requested, under section 20117 of the act.  A qualified consultant shall notify the department of all owners and operators for whom the qualified consultant is providing consulting services at the time a request to discontinue is submitted.  A qualified consultant or certified professional who has requested that a certification be discontinued shall submit a application before reinstatement.  An application submitted subsequent to discontinuing certification is subject to the review process as set forth in these rules.  An applicant shall not conduct work as a qualified consultant or certified professional until receiving a letter of certification from the department. An applicant may reapply no more than 1 time in any 12-month period after receipt by the department of a request to discontinue. The

12-month period begins on the date that the notice to voluntarily discontinue the certification is received by the department.

          (7)  A qualified consultant or certified professional who receives a notice of suspension and revocation from the department may request an informal hearing under section 92 of Act No. 306 of the Public Acts of 1969, as amended, being §24.291 of the Michigan Compiled Laws, not later than 21 days from receipt of the notice of revocation. If a qualified consultant or certified professional fails to submit a written request under this subrule within the 21-day period, then the informal hearing is waived.  A written request for an informal hearing shall include all documentation specific to the improper activities that are the subject of the suspension or revocation notification. 

          (8)  Within 30 days of receipt of a written request by the department, an informal hearing under this rule will be conducted by a review officer designated by the chief of the division so delegated to implement the qualified consultant and certified professional review program.  Based upon findings of fact resulting from the informal hearing, the review officer shall make a recommendation to the department to either preserve the qualified consultant or certified professional certification or to uphold the suspension or revocation.

          (9)  A final determination shall be made by the department within 30 days of receiving a recommendation from the review officer and shall provide a qualified consultant or certified professional with written notification of the determination by certified mail.

          (10)  Upon receiving a final determination upholding suspension or revocation of a qualified consultant certification, a consultant shall cease conducting activities for which qualified consultant certification is required under part 213 and part 215 of the act within 21 days from the date of notice, unless a contested case hearing is requested within the 21-day period under subrule (14) of this rule. All data and work product created by the consultant relevant to the corrective actions at a site, shall be made available to the department, if requested, under section 20117 of the act.

          (11)  The department shall reasonably attempt to provide written notification to the owners or operators for whom the qualified consultant was providing consulting service, if known, by the department.

          (12)  Upon receiving a final determination upholding suspension or revocation of a certified professional certification, a certified professional shall immediately cease conducting activities required to be performed by a certified professional under part 213 and part 215 of the act.  If the certified professional is the only certified professional employed by the qualified consultant, then the qualified consultant shall be notified that he or she no longer meets the requirements for certification under section 21542 of the act.  The suspension and revocation process under this rule will apply.

          (13)  The department may periodically print a list of suspensions and revocations.

          (14)  A qualified consultant or certified professional who receives a suspension and revocation notice from the department may, following a final determination from the department under subrule (9) of this rule, if applicable, request a contested case hearing under section 71 of Act No. 306 of the Public Acts of 1969, as amended, being §24.271 of the Michigan Compiled Laws, within 21 days of receipt of the notice.  If a qualified consultant or certified professional does not request a hearing within the 21-day period, then a hearing is waived.

          (15)  A qualified consultant whose certification is revoked shall have the name under which it was certified removed from the list of qualified consultants.