1. A. If any candidate/officer/operator is found by preponderance of the evidence to have committed misconduct as defined by R.37-025, R.37-026, R.37-073 and/or R.37-074, such candidate/officer/operator may be sanctioned by the Council as follows, in any combination:

   1. 1. Permanent denial and/or revocation (withdrawal) of certification;
   2. 2. Denial and/or revocation (withdrawal) of certification for a specified amount of time;
   3. 3. Certification granted with probation;
   4. 4. Certification granted with any additional requirements deemed just and proper by the Council; and/or
   5. 5. Public reprimand.

2. B. Any candidate/officer/operator may at any time voluntarily consent to sanctions under this section. Any such consent must:

   1. 1. Be in writing on a form prescribed by the Council;
   2. 2. Be signed by the candidate/officer/operator;
   3. 3. If the candidate/officer/operator has legal counsel at the time they consent to sanctions, then the candidate/officer/operator must be allowed to consult with their legal counsel regarding the consent to sanctions and the consent to sanctions must be signed by the legal counsel;
   4. 4. If criminal prosecution is declined in consideration of the consent to sanctions, then the consent to sanctions must specifically state the same;
   5. 5. Must be notarized; and
   6. 6. Must be approved by Council.

HISTORY: Added by State Register Volume 39, Issue No. 6, Doc. No. 4523, eff June 26, 2015. Amended by SCSR 49-5 Doc. No. 5304, eff May 23, 2025.