Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 26 - Backflow Prevention Assembly Tester Registration › Rule 641-26.8 - Denial, Probation, Suspension or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Denial,
			 probation, suspension or revocation of registration.
The department
			 may deny an application for registration or renewal, place a registration on
			 probation, suspend or revoke a registration, or order a registered tester not
			 to test or repair backflow prevention assemblies when the department finds that
			 the applicant or registered tester has committed any of the following acts:
a. Negligence or incompetence in the testing
			 of a backflow prevention assembly, including failure to report improper
			 application or installation of a backflow prevention assembly to the facility
			 owner and the administrative authority.
b. Knowingly submitting a false report of a
			 test of a backflow prevention assembly to the owner of the facility, the local
			 administrative authority, or the department.
c. Fraud in obtaining registration or renewal
			 including, but not limited to:
(1)
			 Intentionally submitting false information on an application for registration
			 or renewal;
(2) Submitting a false
			 or forged certificate or other record of training or certification.
d. Falsification of the assembly
			 records set forth in subrule 26.6(2).
e. Failure to comply with these rules or the
			 ordinances of an administrative authority in whose jurisdiction the registered
			 tester tests a backflow prevention assembly.
f. Failure to pay registration, renewal or
			 late fees.
g. Habitual intoxication
			 or addiction to drugs.
h. Violating
			 a statute of this state or another jurisdiction relating to backflow prevention
			 assembly testing, including but not limited to crimes involving dishonesty,
			 fraud, theft, controlled substances, substance abuse, assault, sexual abuse,
			 sexual misconduct, or homicide. A copy of the record of conviction or plea of
			 guilty is conclusive evidence of the violation.
i. Suspension, revocation, or other
			 disciplinary action pertaining to backflow prevention assembly testing in
			 another jurisdiction. A copy of the record or order of suspension, revocation
			 or disciplinary action is conclusive evidence.
j. Knowingly making misleading, deceptive,
			 untrue, or fraudulent representations regarding the testing of backflow
			 prevention assemblies, or engaging in unethical conduct or practice harmful or
			 detrimental to the public. Proof of actual injury need not be established. Acts
			 that may constitute unethical conduct include:
(1) Verbally or physically abusing a client
			 or coworker.
(2) Improper sexual
			 contact with, sexual harassment of, or improper sexual advances upon a client
			 or coworker. Sexual harassment includes sexual advances, sexual solicitation,
			 requests for sexual favors, and other verbal or physical conduct of a sexual
			 nature.
k. Failing to
			 cooperate with an investigation or engaging in conduct attempting to subvert an
			 investigation.
l. Failure to comply
			 with the terms of a department order or the terms of a settlement agreement or
			 consent order.
m. Knowingly aiding,
			 assisting or advising a person to unlawfully practice as a backflow prevention
			 assembly tester.
n. Representing
			 oneself as a registered backflow prevention assembly tester when one's
			 registration has been suspended, revoked, lapsed, or placed on inactive
			 status.
o. Acceptance of any fee by
			 fraud or misrepresentation.
p.
			 Failure to appropriately respond to written communication from the department
			 sent by registered or certified mail.