In Kentucky, they state the following and the Board should consider something similar for installers.

A minimum six (6) months probationary period shall be assigned to any certified installer who:

      (a) Fails final inspection on any two (2) consecutive systems which require follow-up inspections before approval is granted;

      (b) Backfills any system before final inspection is conducted and approval to backfill is given;

      (c) Fails final inspection on any system which results in reconstruction of the system before approval can be given;

      (d) Fails to place, cause to be placed, or fails to supervise placement of any required additional fill soil over an installed system;

      (e) Fails to call for final inspection of any system;

      (f) Fails to be present on the site anytime work is being performed on the system under construction.

      (3) Probation may be assigned to a certified installer by the cabinet or by the certified inspector having local jurisdiction. Terms of the probationary period shall stipulate any restrictions, requirements, or additional training deemed necessary to correct performance.

      (4) For other violations, the provisions of KRS 211.357(4) and (5) relating to suspension or revocation of certification shall apply. In addition, if necessary to correct damaged or abandoned systems or sites, surrender of business bond shall be required.

      (5) In all instances of administrative action being taken for probation, suspension or revocation, a certified installer shall have the right to request an administrative hearing. The request shall be submitted in writing on form DFS-212 - Request for Hearing to the local health department having jurisdiction or to the cabinet. All administrative hearings shall be conducted in accordance with 902 KAR 1:400.

      (6) If immediate legal action is necessary to prevent the creation or continuance of a health hazard, damage to the environment, or compel compliance with KRS 211.350(2) and (3), 211.357(4) and (5) or regulations pursuant to those statutes, the cabinet or local health department concerned may maintain, in its own name, injunctive action against any person engaged in the construction, installation, or alteration of an on-site sewage disposal system.

      (7) The cabinet shall be notified in writing of any administrative action taken by a local health department against any certified installer, so that other local health departments can be alerted to that installer's status. (18 Ky.R. 579; Am. 1888; eff. 1-10-92; 22 Ky.R. 2392; eff. 8-1-96.)