15A NCAC 08G .0803. CERTIFICATION FOLLOWING DISCIPLINARY ACTIONS

(a)  An individual who has had certification revoked by the Commission shall petition the Commission for any new certification sought and may not petition the Commission for such new certification sooner than two years after the effective date of the revocation.  Following the denial of eligibility for re-certification after relinquishment or revocation, an operator must wait one year before reapplying for certification. 

(b)  The following information must be included in the petition for certification:

(1)           a written statement explaining the actions that the individual has taken to correct those problems that lead to the revocation of the certification previously held with the Commission; and

(2)           a statement that attests to the Commission that, upon obtaining certification, the individual shall comply with all laws governing the proper operation of water pollution control systems.

(c)  After submittal of the petition for certification, the petitioner may be required to appear before the Commission at a regularly scheduled meeting.  The petitioner shall be notified, by certified mail, of the date, time and location of the meeting at least 15 calendar days prior to the meeting.

(d)  Within 120 calendar days following receipt of a petition for certification, the Commission shall notify the individual, in writing, of its decision to deny or grant examination eligibility in accordance with the procedures set forth in Section .0500 of this Subchapter.  Eligibility for certification shall be granted only if there is substantial evidence that those conditions that lead to the revocation of previous certification held by the petitioner have been corrected.

(e)  Certification of an individual whose previous certification has been revoked shall occur only after the individual sits for, and obtains a passing score on, an examination. Once approval is granted by the Commission for certification after reviewing the petition for certification, the individual must submit an application, accompanied by the appropriate examination fee, and meet the examination eligibility requirements for the type of certification being sought as set forth in Section .0400 of this Subchapter.  The individual must begin the certification process at the lowest grade level offered for the type of certification sought.  Operational experience accrued by the individual prior to the revocation of any previously held certification(s) shall not be considered when determining the eligibility of the individual for the examination.

(f)  Applicants for certification who were previously determined to be ineligible for certification due to supplying false information to the Commission must follow the procedures set forth in Paragraphs (a) through (e) of this Rule in order to obtain certification.

 

History Note:        Authority G.S. 90A-39; 90A-41; 150B-23;

Eff. April 1, 1999;

Amended Eff. December 1, 2006.