Investigations - False or fraudulent representation - Suspension or revocation of certificate – Administrative hearing – Record of action – Reversal of revocation. A. The Commissioner of Labor or designee may suspend or revoke any license, certificate or registration for cause upon recommendation of the Committee of Alternative Fuels Technician Examiners and shall comply with the provisions of the Administrative Procedures Act. B. The Commissioner of Labor or designee may, upon the motion of the Commissioner or designee, and shall, upon written complaint filed by any person, investigate the business transactions of any certified alternative fuels equipment or compression technician, or electric vehicle technician. The results of the investigation may be presented to the Committee and the Committee may recommend suspension or revocation of the license, certificate or registration. The Commissioner of Labor or designee shall suspend or revoke any certificate or registration obtained by false or fraudulent representation. The Commissioner of Labor or designee shall also suspend or revoke any certificate or registration for any of the following: 1. Making a material misstatement in the application for a certificate or registration, or the renewal of a certificate or registration; 2. Loaning or illegally using a certificate; 3. Demonstrating incompetence to act as an alternative fuels equipment technician, alternative fuels compression technician, or electric vehicle technician; 4. Violating any provisions of the Alternative Fuels Technician Certification Act, or any rule or order prescribed by the Department of Labor; or 5. Willfully failing to perform normal business obligations without justifiable cause. Any person whose alternative fuels equipment technician certificate, alternative fuels compression technician certificate, or electric vehicle technician certificate has been revoked by the Commissioner of Labor or designee may apply for a new certificate one (1) year from the date of such revocation. C. Before final action under subsections A and B of this section, the Committee shall provide thirty (30) days written notice to the applicant or licensee involved of the intended action and give sufficient opportunity for the person to request an administrative hearing and to be represented by an attorney. If requested, a hearing shall be scheduled by the Commissioner as provided in the Administrative Procedures Act. D. In the event the Commissioner denies the application for, or revokes or suspends, any certificate or imposes any reprimand, a record of the action shall be in writing and officially signed by the Commissioner. The original copy shall be filed with the Department of Labor and a copy mailed to the affected applicant or licensee within two (2) days of the final action taken by the Commissioner. E. Notice of the suspension or revocation of any license shall be made public record. F. A suspended certificate shall be subject to expiration and may be renewed as provided by the Alternative Fuels Technician Certification Act, regardless of the term of suspension. A renewal of a suspended certificate shall not remove the suspension term. G. Except as otherwise provided, a revoked certificate terminates on the date of revocation and cannot be reinstated. The Commissioner may reverse the revocation action. Any licensee whose certificate is revoked may apply for a new certificate. The licensee shall meet all requirements for a certificate as stated in the Alternative Fuels Technician Certification Act. The Committee may recommend issuance or denial of a new certificate. In determining whether to issue or deny a new certificate, the Committee shall consider, but not be limited to, the nature, circumstances, and gravity of the violation or violations leading to revocation, the degree of culpability, and any show of good faith in attempting to achieve compliance with the provisions of the Alternative Fuels Technician Certification Act, and whether the applicant has demonstrated good moral character. Added by Laws 1990, c. 294, § 9, operative July 1, 1990. Amended by Laws 1991, c. 235, § 14, eff. July 1, 1991. Renumbered from § 420.59 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, § 12, eff. Sept. 1, 1994; Laws 1998, c. 160, § 11, eff. Nov. 1, 1998; Laws 2012, c. 304, § 830; Laws 2014, c. 328, § 9. Renumbered from § 130.19 of Title 74 by Laws 2014, c. 328, § 23. Amended by Laws 2015, c. 181, § 6, emerg. eff. April 27, 2015.
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