15A NCAC 08F .0407       RECERTIFICATION FOLLOWING REVOCATION OR RELINQUISHMENT

(a)  After revocation or relinquishment has been effective for a period of not less than 270 days, a person may apply in writing for recertification by the Certification Commission.  The petition must include any relevant facts concerning changes to conditions under which revocation or relinquishment occurred.  Such facts must show clearly that the applicant will comply with the laws and regulations concerning the operation of animal waste management systems.

(b)  Within 120 days following receipt of an application for recertification, the Certification Commission will notify the applicant by letter of its decision to deny or grant examination eligibility in accordance with procedures set out in Rule .0403 of this Section.  Additional eligibility requirements including a show cause conference may be imposed by the Certification Commission.  Eligibility will only be granted if there is substantial evidence that the conditions leading to the revocation or relinquishment have been corrected.

(c)  Recertification of a person as an operator of animal waste management systems shall only occur by means of application and examination.  The examination will not be waived.  The applicant shall meet the eligibility requirements as outlined in Rule .0401 of this Section.

(d)  Upon notification of the Certification Commission's decision to deny eligibility, the applicant may appeal the decision pursuant to the procedures contained in G.S. 150B, Article 3A.

(e)  Prior to recertification the applicant must pay in full all civil penalties assessed against them by the Certification Commission.

 

History Note:        Authority G.S. 90A-39; 90A-47; 143B-300; 150B-3; 150B-38;

Temporary Adoption Eff. January 7, 1997;

Eff. August 1, 1998.