Section 290. Revocation or suspension of AOSE certification

A. The commissioner may revoke or suspend an AOSE certification for failure to comply with any law administered by the board, commissioner, or department, any regulations of the board, any order of the board or commissioner, or any conditions in a permit.

B. Actions that may result in revocation or suspension include, but are not limited to, certifying as suitable a site that does not comply with the minimum requirements of the Sewage Handling and Disposal Regulations (12VAC5-610), certifying as suitable a site that has been rejected by the department unless certified pursuant to 12VAC5-615-320, falsifying any document, and any act of misrepresentation made related to AOSE activities.

C. Whenever the commissioner or the commissioner's designee takes action to revoke or suspend an AOSE certification, there must be an informal fact-finding conference in accordance with 12VAC5-615-180 and proper notice must be given to the affected party.

1. The AOSE shall be notified in writing. The notice must be hand delivered or sent by certified mail. The notice must provide the factual and legal basis for the contemplated action and must give the date, time, place, and location of the informal fact-finding conference.

2. The informal fact-finding conference is to be conducted by an employee of the department designated by the commissioner. The conference shall be conducted in accordance with, but is not limited to, the requirements of § 2.2-4019 of the Code of Virginia and may include the creation of a verbatim or summary record of the proceedings.

3. The commissioner or the commissioner's designee shall render a decision from the informal fact-finding conference in a timely manner in accordance with § 2.2-4021 of the Code of Virginia. Such decisions shall constitute the final administrative decision and may be appealed in accordance with 12VAC5-615-180.

4. When action is taken to suspend an AOSE certification, that suspension shall be for a specified period of time. Remedial actions including, but not limited to, additional training courses, additional testing, and reevaluation of a site and/or redesign of an onsite sewage system may be specified as conditions of any suspension.

Historical Notes

Derived from Volume 18, Issue 18, July 1, 2002.

Statutory Authority

§§ 32.1-163.5 and 32.1-164 of the Code of Virginia.