Certification Suspension and Revocation Procedures and the Appeal Process for Technicians and Sampling or Testing Technicians-in-Training

PURPOSE: This rule provides for the Missouri Department of Transportation to suspend or revoke a technician’s certification status and the technician’s right to appeal the suspension or revocation. (1) Certification Suspension and Revocation. (A) The materials qualification engineer (MQE), after investigation of wrongdoing by a technician, shall propose suspension or revocation of the certification of that technician to the review board if he or she is found to have committed fraud, abuse, willful negligence, or has demonstrated incompetence identified by the technician’s supervisor or a certified technician, verified by a second certified technician. (B) The review board shall evaluate any proposal by the MQE to suspend or revoke the certification of a technician to determine whether action should be taken against that technician in the public interest. Depending upon the seriousness of the technician’s acts or omissions, the existence of past review board actions against him or her, and any mitigating factors, the review board may take the following actions against that technician: 1. Issue a written reprimand to the technician; 2. Suspend all certifications held by the technician, reserving the right for the review board to establish in each case the effective date and length of any suspension, not to exceed one (1) year in duration; Transportation Commission 3. Revoke all certifications held by the technician for one (1) year upon issuance of revocation, requiring the technician to seek certification anew and complete all certification requirements again pursuant to 7 CSR 10-23.020; or 4. Revoke all certifications held by the technician, prohibiting the technician from seeking certification anew pursuant to 7 CSR 10-23.020 for a period of up to ten (10) years. (C) The MQE must notify the technician in writing within ten (10) working days of any determinations made by the review board on a proposal to suspend or revoke the technician’s certification by the MQE. (D) Any actions taken by the review board against a technician, except for certification revocation, will be removed from the technician’s existing record five (5) years after the date of such actions. (2) Registered Intern Status Suspension and Revocation. (A) The MQE, after investigation of wrongdoing by an individual with registered intern status, shall propose suspension or revocation of the registered intern status of that individual to the review board if he or she is found to have committed fraud, abuse, willful negligence, or has demonstrated incompetence identified by that individual’s supervisor or a certified technician, verified by a second certified technician. (B) The review board shall evaluate any proposal by the MQE to suspend or revoke the registered intern status of an individual to determine whether actions should be taken against that individual in the public interest. Depending upon the seriousness of the individual’s acts or omissions, the existence of past review board actions against him or her, and any mitigating factors, the review board may take the following actions against that individual: 1. Issue a written reprimand to the individual and supervisor if the supervisor is found to have contributed to improper procedures performed by the registered intern. The supervisor will be subject to 7 CSR 1023.030; 2. Suspend the registered intern status held by the individual, reserving the right for the review board to establish in each case the effective date and length of any suspension, not to exceed six (6) months in duration; 3. Revoke the registered intern status held by the individual, prohibiting the individual from seeking registered intern status and certification pursuant to 7 CSR 1023.020 for a period of up to one (1) year; or 4. Revoke the registered intern status held by the individual, prohibiting the individual from seeking certification pursuant to 7 CSR 10-23.020 for a period of up to five (5) years. (C) The MQE must notify the individual with registered intern status in writing within ten (10) working days of any determinations made by the review board on a proposal to suspend or revoke the individual’s registered intern status by the MQE. (D) Any actions taken by the review board against an individual with registered intern status, except for registered intern status revocation, will be removed from the individual’s existing record five (5) years after the date of such actions. (3) Appeal. (A) Request for Informal Hearing. 1. When the MQE notifies a technician of a decision made by the review board concerning a proposal to suspend or revoke his or her certification, the technician will have the opportunity to present information and arguments and request an informal hearing by the review board. Such request must be submitted in writing to the review board through the MQE within thirty (30) days of the determination made by the review board. 2. When the MQE notifies an individual with registered intern status of a decision made by the review board concerning a proposal to suspend or revoke his or her registered intern status, the individual will have the opportunity to present information and arguments and request an informal hearing by the review board. Such request must be submitted in writing to the review board through the MQE within thirty (30) days of the determination made by the review board. (B) Procedure. If a technician or an individual with registered intern status requests a timely informal hearing, the review board, through the MQE, shall advise that person of the time, date, and place of the informal hearing. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the informal hearing. (C) Recourse. The decision of the review board after an informal hearing is considered final. AUTHORITY: sections 226.020, 226.130, and 227.030, RSMo 2016 and 23 CFR Ch. 1, Part 637.* Original rule filed May 7, 2002, effective Dec. 30, 2002. Amended: Filed Nov. 12, 2008, effective June 30, 2009. Amended: Filed Dec. 8, 2016, effective July 30, 2017. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; and 227.030, RSMo 1939.