15A NCAC 08G .0803      CERTIFICATION FOLLOWING DISCIPLINARY ACTIONS

(a)  An individual who has had certification revoked by the Commission may petition the Commission for any new certification sought, but no sooner than two years from the effective date of the revocation. An individual shall wait one year to reapply for certification following the denial of eligibility for re-certification after relinquishment or revocation.

(b)  The following information shall 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 operation of water pollution control systems.

(c)  After submittal of the petition for certification, the petitioner shall 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 days prior to the meeting.

(d)  The Commission shall send written notification to the individual within 120 days following receipt of the petition of its decision. Eligibility for certification shall be granted only if the petitioner presents 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(e)  Certification of an individual whose previous certification has been revoked shall occur only after the individual obtains a passing score on an examination. After the Commission approves the petition for certification, the individual shall submit an application, accompanied by the examination fee of eighty-five dollars ($85.00) set forth in G.S. 90A-42(a)(1), and meet the examination eligibility requirements for the type of certification being sought as set forth in Section .0400 of this Subchapter. The individual shall 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 shall 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; 90A-42;

Eff. April 1, 1999;

Amended Eff. December 1, 2006;

Readopted Eff. September 1, 2018.