SECTION 450:22-1-16. Denial or revocation of assessment certification

(a)   ODMHSAS may reprimand, suspend, revoke or deny certification or renewal of the certification of any assessor or assessment agency failing to qualify for, or comply with the provisions of this Chapter.

(b)   In the event that ODMHSAS determines action should be taken against any person certified under this Chapter, the proceeding shall be initiated pursuant to the rules of ODMHSAS as set forth in Oklahoma Administrative Code, Title 450, Chapter 1, Subchapter 5 and the Administrative Procedures Act.

(c)   Assessors and assessment agencies that have had certification renewal denied or certification revoked shall not be eligible for re-application for a period of five (5) years.

(d)   Assessors and assessment agencies whose certification has expired may apply for certification in accordance with 450:22-1-12.

(e)   All those certified by ODMHSAS shall report all violations and suspected violations of this chapter to ODMHSAS staff assigned to the ADSAC division immediately.

(f)   ODMHSAS may also impose the following administrative sanctions against any certified assessor or assessment agency for any of the following reasons, including, but not limited to:

(1)   Erroneous or false information contained in the individual's application for certification;

(2)   A conviction of driving under the influence of alcohol or other intoxicating substances or receiving an alcohol or drug related revocation or suspension of driving privileges while certified as an assessor;

(3)   Any alcohol or other drug related misdemeanor or felony conviction while certified as an assessor;

(4)   Unlawful conduct in the presence of a participant;

(5)   Conducting an assessment on more than one (1) participant at a time;

(6)   Tardiness or failure to make reports, or to transmit funds as required by this Chapter;

(7)   Erroneous or falsified information relating to any documents submitted to ODMHSAS;

(8)   Allowing a non-certified individual to conduct an assessment without a certified ADSAC assessor present at all times unless otherwise permitted by this Chapter;

(9)   Failure to maintain all records required by ODMHSAS;

(10)   Use of facilities not approved by ODMHSAS;

(11)   Any activity which is a conflict of interest;

(12)   Use of any intoxicating substance or illegal drugs while conducting an assessment;

(13)   Conducting an assessment while the participant is using or under the influence of any intoxicating substance causing impairment, including alcohol;

(14)   Dismissal by an ODMHSAS certified organization or institution for violation of state statutes, or of the standards and criteria in this Chapter;

(15)   Knowingly permitting any assessor to violate any rule of this Chapter, or any other relevant Chapter of these Administrative Rules;

(16)   Use of assessment instruments not pre-approved by ODMHSAS for use in ADSAC assessments as one of the standardized instruments;

(17)   Willful failure, or refusal, to cooperate with an investigation by ODMHSAS, or employing agency, into a potential or alleged violation of applicable rules in this Chapter;

(18)   Refusal to allow an ADSAC assessor candidate to observe an ADSAC assessment as required for training;

(19)   Issuance of completion certificate(s) to participant(s) who have not completed, or who fail to complete any ADSAC assessment recommendation requirement;

(20)   Violation of any applicable rule in this Chapter, or any other applicable Chapter;

(21)   Falsification of any report, or document submitted, or prepared for submission, to ODMHSAS and DPS;

(22)   Collecting fees for; or issuing receipts for; or issuing completion certificates for; or conducting an assessment during; or soliciting students for assessments at a later date during any ADSAC course;

(23)   Any sexual language or actions with or toward a participant;

(24)   Any other just and verifiable cause including, but not limited to, moral turpitude, unethical or illegal activities;

(25)   Failure to wait at least a full fifteen (15) minutes when a participant is late for an assessment prior to canceling the session;

(26)   Failure to provide ODMHSAS with the physical address for conducting assessments;

(27)   Failure to complete ODMHSAS requirements for adding assessment sites;

(28)   Failure to notify ODMHSAS of knowledge of any ADSAC assessor violations of this chapter, or of assessor terminations due to violations of this chapter;

(29)   Establishing the legal business residence for the purpose of conducting assessments outside the state of Oklahoma;

(30)   Violation of or failure to meet any applicable rule contained in this chapter;

(31)   Knowingly allowing an assessor to conduct an assessment or solicit students for an assessment during an ADSAC; or

(32)   Any other just and verifiable cause including but not limited to verbal or physical abuse of participants.

[Source: Added at 13 Ok Reg 2799, eff 7-1-96; Amended at 19 Ok Reg 1439, eff 7-1-02; Amended at 20 Ok Reg 997, eff 7-1-03; Amended at 20 Ok Reg 2864, eff 8-4-03 through 7-14-04 (emergency); Amended at 22 Ok Reg 2159, eff 7-1-05; Amended at 25 Ok Reg 1390, eff 7-1-08]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-04 (after the 7-14-04 expiration of the emergency action), the text of 450:22-1-16 reverted back to the permanent text that became effective 7-1-03, as was last published in the 2003 OAC Supplement, and remained as such until amended again by permanent action on 7-1-05.