(a) The board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator’s knowledge was not used in performance of such operator’s duties; or that the operator is incompetent to properly perform such operator’s duties.
Certificate: means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program. See Tennessee Code 68-221-903
Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative. See Tennessee Code 68-221-903
Fraud: Intentional deception resulting in injury to another.
Operator: means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system. See Tennessee Code 68-221-903
(b) When the commissioner believes an operator has engaged in any of the activities set forth in subsection (a), the commissioner may issue an order suspending the operator’s certificate until the board conducts a hearing on the revocation of the operator’s certificate for such activities. When the commissioner has issued a suspension order, the board shall conduct its revocation hearing and render its decision within ninety (90) days of the operator’s suspension. In the event the board does not render its decision within ninety (90) days of the operator’s suspension, the suspension order shall expire and no longer be in force or effect. However, the commissioner may reissue an order of suspension for a period not to exceed ninety (90) days.(c) When the board determines an operator’s certificate should be revoked under subsection (a), the board shall establish the timing, terms and conditions for any reinstatement of the operator’s certificate.
