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Title 7 . Health and Social Services
Chapter 26 . Embalming and Other Post-Mortem Services
Section 955. Departmental action to revoke, suspend, or refuse to issue a certificate

7 AAC 26.955. Departmental action to revoke, suspend, or refuse to issue a certificate

(a) If the department receives, from a reliable and verifiable source, information that could constitute grounds to revoke, suspend, or deny an individual's certification or recertification, the department will initiate an investigation to determine whether departmental action under this section is warranted. If the investigation results in the substantiation of grounds to revoke, suspend, or deny the individual's certification or recertification, the department will initiate appropriate action under this section.

(b) The department will issue a notice of denial of certification or recertification by certified mail or personal delivery to an applicant upon a determination that evidence presented to the department or resulting from an investigation under (a) of this section constitutes grounds under 7 AAC 26.950 for denying an individual's certification or recertification. In the notice the department will specify the reasons for the denial. An individual who is denied certification or recertification may appeal the decision of the department in accordance with 7 AAC 26.960.

(c) The department will issue a notice of revocation by certified mail or personal delivery to a certificate holder upon a determination that evidence presented to the department or resulting from an investigation under (a) of this section constitutes grounds under 7 AAC 26.950 for revocation. With the notice the department will include an accusation that specifies each reason for the revocation. In the notice the department will establish an effective date of the revocation at 15 days after the date of issuance of the notice unless the individual whose certification is to be revoked appeals the determination in accordance with 7 AAC 26.960 and is granted a temporary stay under 7 AAC 26.960(b) of the order to revoke.

(d) The department will issue a notice of suspension by certified mail or personal delivery to a certificate holder upon a determination that evidence presented to the department or resulting from an investigation under (a) of this section constitutes grounds under 7 AAC 26.950 for revocation. With the notice the department will include an accusation that specifies each reason for the suspension and the length of the suspension. In the notice the department will establish an effective date of the suspension at 15 days after the date of issuance of the notice unless the individual whose certification is to be suspended appeals the determination in accordance with 7 AAC 26.960 and is granted a temporary stay under 7 AAC 26.960(b) of the order to suspend.

(e) Based on the evidence presented to the department, if the department finds reasonable cause to believe that allowing the person to continue in the practice of an EMT poses an immediate danger to public health or safety, the department will issue a notice of immediate suspension to the certificate holder without a hearing. In the notice the department will specify each reason for the immediate suspension. A notice of immediate suspension takes effect upon issuance. The holder of the suspended certification may not practice during the term of the immediate suspension. An individual whose certification is subject to immediate suspension may appeal the immediate suspension in accordance with 7 AAC 26.960(e) .

History: Eff. 6/23/2001, Register 158

Authority: AS 18.08.080

AS 18.08.082

AS 18.08.084


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Last modified 7/05/2006