Nev. Admin. Code § 459.9729 - Standards of practice
1. Each holder of a
certificate issued by the Division pursuant to the provisions of NAC
459.970 to 459.9729, inclusive,
and section 33 of this regulation:
(a) Shall
provide services which are ethical, meet the current standards of the
profession and which comply with federal, state and local regulations
concerning hazardous substances or underground storage tanks.
(b) Is responsible for the work of other
persons he or she employs or supervises.
(c) Shall have a copy of his or her
certificate at the location where the holder of a certificate is supervising
work. Upon the request of the Division, client or potential client, a holder of
a certificate shall present the certificate for inspection.
(d) Shall make a written report to the
facility owner or operator, within 24 hours, upon the discovery of a release of
a hazardous substance or the existence of an unregistered underground storage
tank and advise that facility owner or operator of any applicable reporting
requirements.
(e) Shall report to
the Division the discovery of a release of a hazardous substance which presents
an imminent and substantial hazard to human health, public safety or the
environment as soon as possible after the holder of a certificate has knowledge
of a release.
(f) Shall secure the
services of a qualified person to perform any part of his or her job which
requires a level of service or skill which he or she is not qualified to
provide.
(g) Shall make complete
prior disclosures to his or her clients or potential clients of potential
conflicts of interest or other circumstances which could influence his or her
judgment or the quality of the services the holder of a certificate
provides.
(h) Shall not falsify or
misrepresent his or her education or experience, the degree of responsibility
for prior assignments or the complexity of prior employment or business,
relevant factors concerning employers, employees, associates or joint ventures
or past accomplishments.
(i) Shall
maintain a written record of each project requiring certification for 3 years
after the project is completed. The Division may inspect those records during
normal business hours and will establish requirements concerning the
information which must be included in the records.
2. In addition to the requirements of
subsection 1, a provider of an approved underground storage tank training
program shall provide to each Class A operator and Class B operator a record in
paper or electronic format which includes the information described in
40
C.F.R. §
280.245(b), as
that section existed on November 2, 2016.
3. If the Division determines that the holder
of a certificate has not performed in accordance with the standards described
in this section, the Division may take disciplinary action against the holder
of the certificate pursuant to sections 34 to 55, inclusive of this
regulation.
Notes
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