(a)  The Certification Commission, in accordance with the provisions of G.S. 150B and G.S. 90A-41, may suspend or revoke the certificate of a certified operator, or issue a written reprimand to an operator if it finds that the operator:

(1)           engages in fraud or deceit in obtaining certification; or

(2)           fails to exercise reasonable care, judgment, or use of the operator's knowledge and ability in the performance of the duties of an operator in charge; or

(3)           is incompetent or otherwise unable to properly perform the duties of an operator in charge.

(b)  Prior to the Certification Commission taking action on a proposed revocation, suspension, or civil penalty assessment, the operator shall be given an opportunity to submit a written statement and present oral argument before the Certification Commission at a regularly scheduled meeting.  The operator shall be notified by the Certification Commission in writing at least 15 days prior to the meeting.  This notification shall be delivered by first class mail to the operator's address that the Certification Commission has on file.

(c)  The Certification Commission may issue a written reprimand to an operator in accordance with G.S. 90A-41.  The reprimand shall be delivered personally or by certified mail.  A copy of the letter will be kept in the operator's file and a copy will be sent to the operator's employer.  The operator will be given the opportunity to put a letter of rebuttal into the file when a reprimand has been issued.


History Note:        Authority G.S. 90A-41; 90A-47; 143B-300; 150B-3; 150B-23; 150B-38; 150B-52;

Temporary Adoption Eff. January 7, 1997;

Eff. August 1, 1998.