(a) It is unlawful for any person to:

1. (1) Make any false statement or representation in any application or certification;
2. (2) Render inaccurate any certification issued under this part; or
3. (3) Solicit or perform the services for which a certification under this part is required without holding a current and valid certification under this part.

(b) A person certified under the provisions of this part may be subject to disciplinary action, or the certification may be subject to suspension, condition, or revocation if he or she:

1. (1) Engages in activities subject to certification under this part and is no longer entitled to that certification by reason of his or her failure to maintain the license or other qualification on which the certification was issued;
2. (2) Demonstrably fails to produce acceptable work for specific activities for which the contractor has been certified under this part;
3. (3) Practices fraud or deception;
4. (4) Does not exercise reasonable care, judgment, or the application of knowledge in the performance of the certified contractor’s responsibilities;
5. (5) Is incompetent, unable, or unwilling to perform their responsibilities;
6. (6) Fails to pay renewal fees;
7. (7) Does not meet continuing education requirements; or
8. (8) Fails to meet any provision of this part.

(c)

1. (1) If the Division of Environmental Quality has sufficient evidence that a certified contractor should have his or her certification suspended, conditioned, or revoked, the Director of the Division of Environmental Quality shall provide notice of a final decision under the applicable rules of the Arkansas Pollution Control and Ecology Commission.
2. (2) The director’s final decision shall specify the terms of the suspension, condition, or revocation of the certification as a result of the disciplinary actions under this part.