Sec.22a-133v-4. Licensing and Delicensing Procedures

(a) Issuance of License

(1) The Board shall authorize the Commissioner to issue a license, with or without appropriate conditions, to each applicant who achieves a passing score on an examination and who otherwise in the Board's judgment satisfies the requirements of Section 22a-133v-2 of the Regulations of Connecticut State Agencies.

(2) Each license shall be effective on the date of issuance by the Commissioner and shall expire on July 1 following the date of issuance.

(b) Suspension, Revocation, Sanction or Denial of a License

(1) In addition to any other reason provided by law, including the reasons set out in section 22a-3a-5(d)(2) of the Regulations of Connecticut State Agencies, the Board may deny an application for failure to meet any of the requirements of section 22a-133v-2 of the Regulations of Connecticut State Agencies, or for any reason specified in section 22a-133v(g) of the Connecticut General Statutes, and may authorize the Commissioner to suspend or revoke a license, or impose any other sanctions that the Board deems appropriate for any reason specified in section 22a-133v-1 through 22a-133v-8, inclusive, of the Regulations of Connecticut State Agencies or section 22a-133v of the Connecticut General Statutes. All hearings regarding the denial of an application for licensure, the suspension or revocation of a license, or any sanction of a licensee shall be conducted in accordance with section 22a-133v-7 of the Regulations of Connecticut State Agencies.

(2) Any person may file a written complaint with the Board concerning the conduct of any applicant or licensee, and the Board may investigate such complaint.

(3) For the purpose of denying an application, suspending or revoking a license, or sanctioning a licensee the term "professional misconduct," as that term is used in section 22a-133v(g) of the Connecticut General Statutes shall include, but not be limited to, an action or omission which:

(A) Violates any statute, regulation, permit, or other license relevant to the activities for which such licensee is responsible;

(B) Endangers or may endanger human health, safety, welfare or the environment;

(C) Falsifies, misrepresents or negligently fails to disclose any relevant fact at any time, including, without limitation, in an application for a license or license renewal, in response to a request for information by the Board, or in a report, opinion or verification;

(D) Fails to comply with a reasonable request by the Board for any information relevant to any application, license, report or other documents submitted to the Commissioner or the Board;

(E) Demonstrates a lack of good moral character, evidence of which may include, conviction in any jurisdiction of a felonious act, the submission of false or incomplete information on any application, acts involving dishonesty, fraud or deceit which have substantial connection to the professional responsibilities of a licensed environmental professional, or any act specified in section 22a-133v(g) of the Connecticut General Statutes.

(c) Clerical Errors in Licenses

(1) At any time after the issuance of a license, the Commissioner may correct clerical error(s) in a license.

(2) If at any time after the issuance of a license, any information, such as the address of the licensee, contained in such license changes, the licensee shall, within fourteen (14) days after such change, advise the Board in writing of such change.

(d) License Renewals

(1) To remain valid and effective, a licensee's license shall be renewed annually in accordance with subdivision (2) of this subsection. The provisions of subdivision (a)(4) and (a)(5) of section 22a-133v-3 of the Regulations of Connecticut State Agencies regarding the required certification and date of filing of applications, shall apply to a license renewal application. The Board may also request whatever additional information it deems necessary and may request a personal interview as is provided for in subdivision (a)(8) of section 22a-133v-3 of the Regulations of Connecticut State Agencies regarding the renewal of a licensee's license.

(2) The following specific provisions apply to license renewal and applications therefor:

(A) An application to renew a license shall be made on a form prescribed by the Board and shall be filed with the Board no later than thirty (30) days prior to the expiration of the current license;

(B) An application to renew a license shall be accompanied by a fee of $425.00 in the form of a check or money order made payable to the Department of Energy and Environmental Protection. Such fee is non-refundable; and

(C) In odd numbered calendar years, an application to renew a license shall be accompanied by documentation, on a form prescribed by the Board, that such licensee has fulfilled the continuing education requirements set forth in section 22a-133v-2(e) of the Regulations of Connecticut State Agencies.

(e) Expired Licenses

(1) Where an individual with an expired license applies for a new license within six (6) months following license expiration, the Board may recommend to the Commissioner that a new license be granted to such individual without such individual retaking and passing the examination required under section 22a-133v-2(c) of these regulations, provided:

(A) The applicant’s license has not expired on more than two (2) occasions; and

(B) The applicant complies with the following:

(i) if the application is being made in an odd calendar year, the applicant shall meet all the continuing education credit requirements from the last biennial period. If such applicant had a deficiency in the continuing education credit requirements for the last biennial period, the applicant shall meet the continuing education credit requirements for the last biennial period prior to applying to the Board for reinstatement. In any event, such credits shall not be used to satisfy the continuing education requirements of the new biennial period.

(ii) the application to renew the license is accompanied by the renewal fee and an additional fee of 1.5 times the fee required by section 22a- 133v-4(d)(2)(B) of the Regulations of Connecticut State Agencies;

(iii) the applicant submits an affidavit on a form prescribed by the Board on which the applicant certifies, under penalties of perjury, that the applicant has not affixed his or her seal, or allowed his or her seal to be affixed, to any document following the expiration date of the license.

(2) During the period when a license has expired and before the Commissioner has granted a new license in accordance with the above criteria and procedures, the individual with an expired license shall not be included on the roster of environmental professionals, shall not present themselves as a licensed environmental professional and shall not perform professional services as a licensed environmental professional.

(Effective June 2, 1997; Amended August 6, 2012; Amended August 7, 2015)