Deliberate Misconduct

Deliberate Misconduct. 1. Any licensee, certificate holder, quality assurance program approval holder, or registrant; applicant for a license, certificate, quality assurance program approval, or registration; employee of a licensee, certificate holder, quality assurance program approval holder, registrant or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee, certificate holder, quality assurance program approval holder, or registrant or applicant, who knowingly provides to any licensee, certificate holder, quality assurance program approval holder, registrant, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holder’s, quality assurance program approval holder’s, registrant’s or applicant's activities in these regulations, may not: a. Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, registrant, or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license, certificate, approval or registration issued by the Agency; or b. Deliberately submit to the Agency, a licensee, certificate holder, quality assurance program approval holder, registrant, an applicant, or a licensee's, certificate holder’s, quality assurance program approval holder’s registrant’s or applicant's, contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Agency. 2. A person who violates 1.1.12(1)(a) or (1)(b) of this section may be subject to enforcement action in accordance with the procedures in 1.1.17 and Chapter 45-14- 37 of the Act. 3. For the purposes of 1.1.12(1)(a) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: a. Would cause a licensee, certificate holder, quality assurance program approval holder, registrant or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license or registration issued by the Agency; or b. Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, quality assurance program approval holder, registrant, applicant, contractor, or subcontractor.