(a)Notwithstanding any other provisions of this article, the department upon the recommendation of the committee may suspend, deny, refuse to renew, or revoke a registration certificate issued under this article after sufficient notice and an opportunity for a hearing and upon findings that the registered environmental health specialist has done any of the following:
(1)Knowingly made a false statement of fact required to be revealed in the application for
registration.
(2)Been convicted of a crime, if the crime is related to the qualifications, functions, and duties of an environmental health specialist.
(3)Knowingly made a false statement of fact required to be revealed in an application for, or renewal of, registration.
(4)Committed an act of deceit, misrepresentation, violat
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(a)
Notwithstanding any other provisions of this article, the department upon the recommendation of the committee may suspend, deny, refuse to renew, or revoke a registration certificate issued under this article after sufficient notice and an opportunity for a hearing and upon findings that the registered environmental health specialist has done any of the following:
(1)
Knowingly made a false statement of fact required to be revealed in the application for
registration.
(2)
Been convicted of a crime, if the crime is related to the qualifications, functions, and duties of an environmental health specialist.
(3)
Knowingly made a false statement of fact required to be revealed in an application for, or renewal of, registration.
(4)
Committed an act of deceit, misrepresentation, violation of contract, fraud, negligence, professional incompetence, or unethical practice.
(b)
The procedure to deny, suspend, refuse to renew, or revoke an environmental health specialist registration certificate pursuant to this section shall be as follows:
(1)
All cases, complaints, or allegations charging a violation of this subdivision shall be made in
writing and submitted to the department.
(2)
The department shall make a preliminary investigation by:
(A)
Obtaining copies of all pertinent written documents (laws, reports, contacts, and correspondence).
(B)
Interviewing, in person or by telephone, of all individuals involved with the issue.
(3)
The department shall compile the information into a confidential case document that includes the following:
(A)
A description of the complaint.
(B)
A chronology of events.
(C)
Results of the interviews.
(D)
Copies of the written documents.
(4)
The case document shall be submitted to each member of the committee requesting their recommendation whether or not the information warrants further investigation and an informal hearing.
(5)
The department shall review committee recommendations and the preliminary investigation findings and then decide whether to dismiss the complaint or proceed to an informal committee hearing. Dismissal of the charges shall be followed by a letter to both complainant and the registered environmental health specialist involved explaining the department’s action.
(6)
If the decision is made to proceed with an informal hearing, the department shall request the committee to appoint one or more hearing officers to hear the case.
(A)
All parties shall be notified of the time and place of the hearing.
(B)
An investigation of the issue may be made by an independent professional investigator if it is felt warranted by the department and the committee. The investigation results shall be submitted to the department, committee hearing officers, complainant, and respondent prior to the hearing.
(C)
The informal hearing shall permit the right to be heard (with an attorney, if desired) and the proceedings recorded. Such a hearing shall be considered an informal level of review and shall be governed by subdivision (g) of Section 100171.
(D)
Upon the finding that a violation of this section occurred, the following disciplinary ranges may be recommended to the department by the
committee and may be adopted by the department if the respondent does not timely request further review as specified in subdivision (d):
(i)
Knowingly made a false statement of fact required to be revealed in the application for registration.
(I)
Maximum: Revocation.
(II)
Minimum: Fifteen-day suspension. Range depends on whether or not the registration was falsely approved.
(ii)
Been convicted of a crime, if the crime is related to the qualifications, functions, and duties of a registered environmental health specialist.
(I)
Maximum: Deny, refuse to renew, or revocation of registration.
(II)
Minimum: Ninety-day
actual suspension.
(iii)
Knowingly made a false statement of fact required to be revealed in an application for, or renewal of, registration.
(I)
Maximum: Revocation.
(II)
Minimum: Seven-day actual suspension.
(iv)
Committed an act of deceit, misrepresentation, violation of contract, fraud, negligence, professional incompetence, or unethical practice.
(I)
Maximum: Revocation.
(II)
Minimum: Ninety-day suspension stayed for three years on the following conditions of probation.
—Forty-five-day actual suspension.
—The respondent
shall obey all laws and regulations related to the practice of environmental health.
(c)
A copy of the recommendation made to the department by the committee shall be transmitted to the respondent within 10 calendar days of its receipt by the department.
(d)
The respondent may request further review of the recommendation resulting from the informal level of review by sending a letter so stating to the address specified in the letter transmitting the recommendation. To be timely, the request shall be postmarked no later than 15 calendar days after receipt by the respondent of the recommendation at issue. Upon receiving a timely request for review, the department shall set the matter for hearing pursuant to Section 100171.