SECTION 318:10-1-10. Grounds for discipline

(a)   The Board may revoke, suspend, reprimand, or otherwise sanction a construction materials technician upon clear and convincing evidence of the following:

(1)   "Gross negligence" which shall mean a construction materials technician's willful, intentional, or bad faith failure to use due diligence in the performance of the duties of a construction materials technician; or

(2)   "Misconduct" which shall include a construction materials technician's following acts or omissions:

(A)   Making false or misleading statements or claims contained in laboratory samplings or testing results;

(B)   Making false or misleading statements or claims concerning professional qualifications or areas of certification;

(C)   Conviction of or pleading guilty or nolo contendere to a felony or drug-related offense;

(D)   Attempting to bribe or improperly influence an existing or prospective client;

(E)   Failure to comply with recognized professional codes or governmental regulations;

(F)   Acting in a negligent or incompetent manner in the performance of duties of a construction materials technician;

(G)   Practice or other behavior that demonstrates a manifest incapacity or incompetence to hold certification;

(H)   Aiding or abetting an uncertified person to act as a certified construction materials technician (Providing direct guidance to an apprentice technician shall not be considered misconduct.);

(I)   Accepting an assignment when it is contingent upon reporting a predetermined analysis, opinion, or conclusion or where employment or the fee paid is contingent upon the analysis, opinion, or conclusion of the construction materials technician;

(J)   Failure to disclose a professional conflict of interest;

(K)   Use or abuse of alcohol or of a habit-forming drug or chemical which impairs the ability of the construction materials technician to act in that capacity in a diligent and competent manner;

(L)   Failure to furnish the Board, its staff, or authorized agents information legally requested or failure to cooperate with a lawful investigation conducted by or on behalf of the Board; or

(M)   Continued practice as a certified construction materials technician after expiration of certification.

(b)   The Board may apply to the district court for any relief not otherwise provided for by the Administrative Procedures Act.

[Source: Added at 17 Ok Reg 2413, eff 6-26-00; Amended at 20 Ok Reg 836, eff 5-12-03; Amended at 22 Ok Reg 1172, eff 5-26-05]