LAC 33:XI.1209. Suspension/Revocation from RAC Listing

A. The administrative authority may suspend or revoke a RAC from the listing based on the following: 1. evidence of fraud or deceit with respect to any documentation submitted to the department; or 2. willful violation of the laws and regulations of Louisiana regarding site assessment or remediation. B. The administrative authority may revoke a RAC's listing when the RAC or its employees have been convicted of a felony related to response action activities. This revocation is not subject to the RAC listing revocation procedures provided for in this Section. C. The suspension or revocation of a RAC listing will depend upon seriousness of the offense(s). 1. After a suspension period of 90-365 days as specified by the department, a RAC may petition the department in accordance with the requirements of LAC 33:XI.1205 for relisting. 2. After a period of five years, a RAC whose listing has been revoked may reapply. If a RAC listing is revoked a second time, the revocation shall be permanent. D. Written Notice 1. When the department determines that a RAC listing should be suspended or revoked, the department shall notify that RAC by certified mail. Such written notice shall contain the following: a. facts that will justify a recommendation to the administrative authority for suspension or revocation from the RAC listing; b. a description of the general nature of the evidence supporting the recommendation; and c. unless the RAC, within 30 days after receipt of the notice, submits a request for an informal hearing before the board, the department shall recommend to the administrative authority that the RAC's listing be suspended or revoked. The request for informal hearing shall be submitted to the Office of Management and Finance. A written statement giving the RAC's view of the circumstances shall accompany the request for hearing. 2. If the RAC does not mail a request for hearing and a statement of the circumstances within the time frame specified, the department shall recommend to the administrative authority the suspension for a specified period of time or revocation from the RAC listing. E. Hearings before the Board 1. At least 20 days prior to a hearing, the department shall provide the RAC with a notice of the hearing. The notice shall be sent by certified mail and include the time, date, and location of the hearing. 2. All hearings on suspension or revocation from the RAC listing held before the board shall not be an adjudicatory hearing as provided for in the Administrative Procedure Act and shall be conducted with rapidity and without the observance of all formalities. All hearings conducted by the board shall be recorded and a transcript prepared. 3. Within 90 days after conducting an informal hearing, the board shall forward its recommendation to the administrative authority for a decision. 4. Upon receiving notice of a RAC listing removal, suspension, and/or revocation, a RAC shall notify the owner/operator within 24 hours. F. Record of Hearing. The record of proceedings conducted under this Section shall consist of the following: 1. the RAC's certified request for hearing and statement of the circumstances; 2. the notice of the hearing; 3. all documentary evidence and written comments received; 4. the recording of the hearing; and 5. written recommendations from the board.