§21-3D-6. Effect of accident.
(a) The commissioner may suspend or revoke the certification
of a person involved in an accident relating to the operation of a
crane by that person: Provided, That no disciplinary action
against a crane operator may be imposed without a proper prior
notice as served under section one, article two, chapter fifty-six
of this code, and hearing held before the commissioner or his or
her designee wherein the crane operator will be provided the
opportunity to present evidence in person, by counsel or both and
after which, the commissioner finds a violation of this article has
occurred, the commissioner may impose any disciplinary action
permitted in this article: Provided, however, That the provisions
of subsection (e) of section seven of this article have not been
met.
(b) If the commissioner makes a finding that the accident was
caused by the actions or omissions of the certificate holder, the
commissioner may require the certificate holder to retake and pass
the written certification examination, or practical demonstration
or both the certification examination and the practical
demonstration or successfully completes a training course approved
by the commissioner before the certificate holder may apply to have
the certification reinstated.