Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 21 - Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments › Subchapter 7 - Certification of Alcohol and Drug Asssesors Related to Driver's License Revocation › Section 450:21-7-10 - Denial or revocation of assessment certification

Current through Vol. 41, No. 20, July 1, 2024
(a) ODMHSAS may reprimand, suspend, revoke or
				deny certification or renewal of the certification of any assessor failing to
				qualify for, or comply with the provisions of this Chapter.
(b) In the event that ODMHSAS determines
				action should be taken against any person certified under this Chapter, the
				proceeding shall be initiated pursuant to the rules of ODMHSAS as set forth in
				Oklahoma Administrative Code, Title 450, Chapter 1, Subchapter 5 and the
				Administrative Procedures Act.
(c)
				Assessors that have had certification renewal denied or certification revoked
				shall not be eligible for re-application for a period of one (1)
				year.
(d) Assessors whose
				certification has expired may apply for certification in accordance with
				450:21-7-3.
(e) All those certified
				by ODMHSAS shall report all violations and suspected violations of this chapter
				to ODMHSAS staff assigned to the ADSAC division immediately.
(f) ODMHSAS may also impose the following
				administrative sanctions against any certified assessor for any of the
				following reasons, including, but not limited to:
(1) Erroneous or false information contained
				in the individual's application for certification;
(2) A conviction of driving under the
				influence of alcohol or other intoxicating substances or receiving an alcohol
				or drug related revocation or suspension of driving privileges while certified
				as an assessor;
(3) Any alcohol or
				other drug related misdemeanor or felony conviction while certified as an
				assessor;
(4) Unlawful conduct in
				the presence of a participant;
(5)
				Conducting an assessment on more than one (1) participant at a time;
(6) Tardiness or failure to make reports, or
				to transmit funds as required by this Chapter;
(7) Erroneous or falsified information
				relating to any documents submitted to ODMHSAS;
(8) Allowing a non-certified individual to
				conduct an assessment without a certified ADSAC assessor present at all times
				unless otherwise permitted by this Chapter;
(9) Failure to maintain all records required
				by ODMHSAS;
(10) Use of facilities
				not approved by ODMHSAS;
(11) Any
				activity which is a conflict of interest;
(12) Use of any intoxicating substance or
				illegal drugs while conducting an assessment;
(13) Conducting an assessment while the
				participant is using or under the influence of any intoxicating substance
				causing impairment, including alcohol;
(14) Dismissal by an ODMHSAS certified
				organization or institution for violation of state statutes, or of the
				standards and criteria in this Chapter;
(15) Knowingly permitting any assessor to
				violate any rule of this Chapter, or any other relevant Chapter of these
				Administrative Rules;
(16) Use of
				assessment instruments not pre-approved by ODMHSAS for use in ADSAC assessments
				as one of the standardized instruments;
(17) Willful failure, or refusal, to
				cooperate with an investigation by ODMHSAS, or employing agency, into a
				potential or alleged violation of applicable rules in this Chapter;
(18) Refusal to allow an ADSAC assessor
				candidate to observe an ADSAC assessment as required for training;
(19) Issuance of completion certificate(s) to
				participant(s) who have not completed, or who fail to complete any ADSAC
				assessment recommendation requirement;
(20) Violation of any applicable rule in this
				Chapter, or any other applicable Chapter;
(21) Falsification of any report, or document
				submitted, or prepared for submission, to ODMHSAS and DPS;
(22) Collecting fees for; or issuing receipts
				for; or issuing completion certificates for; or conducting an assessment
				during; or soliciting students for assessments at a later date during any ADSAC
				course;
(23) Any sexual language or
				actions with or toward a participant;
(24) Any other just and verifiable cause
				including, but not limited to, moral turpitude, unethical or illegal
				activities;
(25) Failure to wait at
				least a full fifteen (15) minutes when a participant is late for an assessment
				prior to canceling the session;
(26) Failure to provide ODMHSAS with the
				physical address for conducting assessments;
(27) Failure to complete ODMHSAS requirements
				for adding assessment sites;
(28)
				Failure to notify ODMHSAS of knowledge of any ADSAC assessor violations of this
				chapter, or of assessor terminations due to violations of this chapter;
(29) Establishing the legal
				business residence for the purpose of conducting assessments outside the state
				of Oklahoma;
(30) Violation of or
				failure to meet any applicable rule contained in this chapter;
(31) Knowingly allowing an assessor to
				conduct an assessment or solicit students for an assessment during an ADSAC; or
(32) Any other just and verifiable
				cause including but not limited to verbal or physical abuse of participants.