PURPOSE: This rule provides for the Missouri Department of Transportation to suspend or revoke a technician’s certification status and the technician’s right to appeal the suspension or revocation.

1. (1) Decertification.

   1. (A) Any technician may have his/her certification suspended or revoked by the review board where:

      1. 1. The technician fails to renew their

certification after three (3) years or fails to attend and pass the recertification course within ninety (90) days after the expiration date; or

1. 2. The technician is found to have com-

mitted fraud, abuse, willful negligence, or has demonstrated incompetence identified by the technician’s supervisor or a certified technician, verified by a second certified technician; and

1. 3. Upon written notice by the district

coordinator to the review board through the materials qualification engineer (MQE).

1. (B) At a minimum, if the review board finds that the technician has failed to renew his/her certification or, has failed to obtain recertification in the required time period, or is found to have committed acts described in paragraph (1)(A)2. above, the following actions may be taken:

   1. 1. First offense may result in a written

reprimand.

1. 2. Second offense may result in a mini-

mum thirty (30)-day suspension of all certifications held by the technician. The review board reserves the right to establish in each case the effective date of any suspension. A technician who has incurred a suspension may also be required to attend a recertification course or courses prior to the reinstatement of his/her certification.

1. 3. Third offense may result in a perma-

nent revocation of certifications.

1. (C) The MQE must notify the technician in writing within ten (10) working days of any suspension or decertification determinations made by the review board.
2. (D) Any decertification action taken, other than permanent revocation of certifications, will be removed from technician’s record three (3) years after the date of decertification.

1. (2) Appeal.

   1. (A) Request for Informal Hearing. When the MQE notifies a technician of a decision made by the review board to suspend or revoke its certification, the technician will have the opportunity to present information and arguments and request an informal hearing by the review board. Such request must be submitted in writing to the review board through the MQE within thirty (30) days of the decertification determination made by the review board.
   2. (B) Procedure. If the technician requests a timely informal hearing, the review board, through the MQE, shall advise the technician Commission

of the time, date and place of the informal hearing. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the informal hearing.

1. (C) Recourse. The decision of the review board after an informal hearing is considered final.

AUTHORITY: sections 226.020, 226.130 and 227.030, RSMo 2000 and 23 CFR Ch. 1, Part 637.* Original rule filed May 7, 2002, effective Dec. 30, 2002. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939.