§ 4.84.060. Suspension or revocation of soil percolation tester, OWTS installer or septage pumper certifications.

The suspension or revocation by Environmental Health of any certification set forth in sections 4.84.045 through 4.84.055 of this chapter shall be accomplished in the following manner:

a.

Written notice of the suspension or revocation shall be served on the certified tester, installer or pumper by certified mail or personal service. The notice shall describe the violation with supporting facts and mention the right to request an appeal hearing before Environmental Health.

b.

Environmental Health may suspend a tester, installer or pumper certification for a period between five (5) calendar days and the number of calendar days remaining until the end of the certification term, depending upon the severity of the transgression.

c.

Suspension or revocation issued pursuant to this section will be effective ten (10) calendar days from the date appearing on the written notice, unless a timely appeal is filed in accordance with this subsection d.

d.

Appeal.

1.

The decision is appealable to Environmental Health.

2.

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

3.

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

4.

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

5.

A hearing on the appeal shall be scheduled within thirty (30) calendar days of the date of the notice of suspension/revocation unless an extension is authorized by Environmental Health.

6.

The decision of Environmental Health shall be a final administrative order with no further administrative right of appeal.

e.

No reapplication will be accepted by Environmental Health for a period of six (6) months after a tester, installer or septage pumper certification is revoked.

f.

The following rules shall apply to any hearing held pursuant to this section. At the hearing, all parties 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 appealing party in any hearing or other matter under this chapter.

(Ord. No. 04754, § 1, 1-5-2016)