1. (1) Adjudicative proceedings performed by the division or board are designated as informal adjudicative proceedings under Section 63G-4-202.

2. (2) The division may suspend, revoke, or deny to issue or to renew a license or certificate if the applicant, individual employed for, or the individual having authority and management of a person engages in any of the following conduct:

   1. (a) the individual or applicant is not the real person in interest;
   2. (b) the individual or applicant provides material misrepresentation or false statement in the application, whether for an original or renewal certificate;
   3. (c) the individual or applicant refuses to allow inspection by the division or enforcing authority on an annual basis to determine compliance with this rule;
   4. (d) the individual, applicant, or licensee for a license does not have the proper or necessary facilities, including qualified personnel to conduct the operations for which application is made;
   5. (e) the individual or applicant for a LPG certificate does not have the qualifications of skill or competence to conduct the operations for which application is made, which can also be evidenced by failure to pass the examination;
   6. (f) the individual or applicant refuses to take the examination;
   7. (g) the individual or applicant has been convicted of a violation of one or more federal, state, or local laws;

   8. (h) the individual or applicant has been convicted of a violation of this rule or has been found by a board administrative proceeding to have violated this rule;

      1. (i) any offense or finding of unlawful conduct, or there is or may be a threat to the public's health or safety if the person or applicant were granted a license or certificate of registration;
   9. (j) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the person or applicant to safely and competently distribute, transfer, dispense or install LP Gas or it's appliances;

   10. (k) the individual or applicant does not complete the re-examination process before the certificate or license expiration date; or

       1. (l) the individual or applicant fails to pay any fee as required in Section R710-6-8.
3. (3) An individual whose license or certificate of registration is suspended or revoked by the division may request a hearing before the board within 20 days after receiving notice.
4. (4) Adjudicative proceedings, other than criminal prosecution, taken by the enforcing authority to enforce Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, and this rule, shall begin in accordance with Section 63G-4-201.

5. (5) The board shall:

   1. (a) act as the hearing authority;
   2. (b) convene after timely notice to each party involved; and
   3. (c) be the final authority on the suspension or revocation of a license or certificate of registration.
6. (6) The board shall issue a signed order to the parties involved pursuant to Section 63G-4-203.
7. (7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.
8. (8) After a period of three years from the date of revocation, the board may review the written or electronic application of a person whose license or certificate of registration has been revoked.
9. (9) Judicial review of any final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

KEY: liquefied petroleum gas

Date of Last Change: August 25, 2025

Notice of Continuation: August 28, 2025

Authorizing, and Implemented or Interpreted Law: 53-7-305