Oklahoma § 40-142.11 - Alternative Fuels Technician Examiners - Complaints Investigations - False or fraudulent representation - Suspension or

§ 40-142.11. Alternative Fuels Technician Examiners - Complaints Investigations - False or fraudulent representation - Suspension or

revocation of certificate – Administrative hearing – Record of

action – Reversal of revocation.

A. The Commissioner of Labor or designee may suspend or revoke

any license, certificate or registration for cause upon

recommendation of the Committee of Alternative Fuels Technician

Examiners and shall comply with the provisions of the Administrative

Procedures Act.

B. The Commissioner of Labor or designee may, upon the motion

of the Commissioner or designee, and shall, upon written complaint

filed by any person, investigate the business transactions of any

certified alternative fuels equipment or compression technician, or

electric vehicle technician. The results of the investigation may

be presented to the Committee and the Committee may recommend

suspension or revocation of the license, certificate or

registration. The Commissioner of Labor or designee shall suspend

Oklahoma Statutes - Title 40. Labor

or revoke any certificate or registration obtained by false or

fraudulent representation. The Commissioner of Labor or designee

shall also suspend or revoke any certificate or registration for any

of the following:

1. Making a material misstatement in the application for a

certificate or registration, or the renewal of a certificate or

registration;

2. Loaning or illegally using a certificate;

3. Demonstrating incompetence to act as an alternative fuels

equipment technician, alternative fuels compression technician, or

electric vehicle technician;

4. Violating any provisions of the Alternative Fuels Technician

Certification Act, or any rule or order prescribed by the Department

of Labor; or

5. Willfully failing to perform normal business obligations

without justifiable cause.

Any person whose alternative fuels equipment technician

certificate, alternative fuels compression technician certificate,

or electric vehicle technician certificate has been revoked by the

Commissioner of Labor or designee may apply for a new certificate

one (1) year from the date of such revocation.

C. Before final action under subsections A and B of this

section, the Committee shall provide thirty (30) days written notice

to the applicant or licensee involved of the intended action and

give sufficient opportunity for the person to request an

administrative hearing and to be represented by an attorney. If

requested, a hearing shall be scheduled by the Commissioner as

provided in the Administrative Procedures Act.

D. In the event the Commissioner denies the application for, or

revokes or suspends, any certificate or imposes any reprimand, a

record of the action shall be in writing and officially signed by

the Commissioner. The original copy shall be filed with the

Department of Labor and a copy mailed to the affected applicant or

licensee within two (2) days of the final action taken by the

Commissioner.

E. Notice of the suspension or revocation of any license shall

be made public record.

F. A suspended certificate shall be subject to expiration and

may be renewed as provided by the Alternative Fuels Technician

Certification Act, regardless of the term of suspension. A renewal

of a suspended certificate shall not remove the suspension term.

G. Except as otherwise provided, a revoked certificate

terminates on the date of revocation and cannot be reinstated. The

Commissioner may reverse the revocation action. Any licensee whose

certificate is revoked may apply for a new certificate. The

licensee shall meet all requirements for a certificate as stated in

the Alternative Fuels Technician Certification Act. The Committee

Oklahoma Statutes - Title 40. Labor

may recommend issuance or denial of a new certificate. In

determining whether to issue or deny a new certificate, the

Committee shall consider, but not be limited to, the nature,

circumstances, and gravity of the violation or violations leading to

revocation, the degree of culpability, and any show of good faith in

attempting to achieve compliance with the provisions of the

Alternative Fuels Technician Certification Act, and whether the

applicant has demonstrated good moral character.

Added by Laws 1990, c. 294, § 9, operative July 1, 1990. Amended by

Laws 1991, c. 235, § 14, eff. July 1, 1991. Renumbered from §

420.59 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991.

Amended by Laws 1994, c. 379, § 12, eff. Sept. 1, 1994; Laws 1998,

c. 160, § 11, eff. Nov. 1, 1998; Laws 2012, c. 304, § 830; Laws

2014, c. 328, § 9. Renumbered from § 130.19 of Title 74 by Laws

2014, c. 328, § 23. Amended by Laws 2015, c. 181, § 6, emerg. eff.

April 27, 2015.

NOTE: Editorially renumbered from § 142.10 of this title to avoid a

duplication in numbering.