§ 4.72.090. Suspension or revocation of tester certification.

(a)

Reasons. Tester Certification by Environmental Health may be suspended or revoked upon any of the following grounds:

(1)

A tester is no longer in possession of current and valid certificate as a backflow prevention tester issued by the CA-NVAWWA or equivalent certification as determined by Environmental Health.

(2)

Environmental Health determines that a material misrepresentation was included by the tester on the initial or renewal application for tester certification by Environmental Health.

(3)

Environmental Health determines that the tester, in the performance of a test required by this chapter, commits an act that may pose a threat to public health and safety.

(b)

Procedures. Written notice of the suspension or revocation shall be served on the certified tester by certified mail with description of the violation and supporting facts. The notice shall contain an advertisement of the right to request an appeal hearing before the Director of Environmental Health or his designee.

(c)

Time Period of Suspension of Tester Certification. Environmental Health staff may suspend a tester certification for a period between five (5) days and the end of the certification term, at his/her discretion.

(d)

Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection (b) will be effective ten (10) calendar days from the date appearing on the written notice, unless a timely appeal is filed in accordance with subsection (e).

(e)

Appeal.

(1)

The decision of Environmental Health staff is appealable to the Director of Environmental Health or his designee.

(2)

An appeal must be in writing, and be hand-delivered or mailed to the Director of Environmental Health.

(3)

An appeal must be received by the Director of Environmental Health on or before the effective date of suspension or revocation provided by subsection (d).

(4)

The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the Director of Environmental Health or his designee.

(5)

A hearing shall be scheduled within thirty (30) days unless an extension is authorized by the appellant.

(6)

The decision of the Director of Environmental Health or his designee shall be a final administrative order, with no further administrative right of appeal.

(f)

Reapplication. No reapplication will be accepted within six (6) months after a tester certification is revoked.

(g)

Evidence. The following rules shall apply to any hearing required by this chapter. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the certified tester in any hearing or other matter under this chapter.

(Ord. No. 04643, § 1, 1-8-2013)