Provisions of section 25-9-104, C.R.S. provide the specific statutory authority for the adoption amendments to the established regulatory provisions of Regulation 100 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The Board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The board held a rulemaking hearing on September 25, 2018 and determined to revise sections 100.12 through 100.16 to:
* improve clarity and update citations;
* add failure to follow the Colorado Certified Water Professionals Code of Conduct to the list of violations that could result in disciplinary action against an operator;
* ensure that regulatory language is harmonious with the automated features of the board's new web-based certification management system;
* remove references to test cycles;
* add military education as a valid substitute for experience;
* add provisions for mandatory regulatory training; and
* ensure that appropriate fees are collected to meet the needs and processes of the program, and are assessed in a consistent, equitable and transparent manner.
100.12.2. The board added failure to follow the Colorado Certified Water Professionals Code of Conduct to the list of violations that could result in disciplinary action against an operator.100.13 and 100.14. The board renamed these sections to clarify that there is a single application for certification. The board's web-based certification management system allows operators to apply for certification without differentiating among eligibility to sit for an exam, reciprocity, renewing a certificate, etc. Therefore, throughout these two sections, the board simplified language, as appropriate, to refer to all applications for certification.
100.13. The board removed references to test cycles throughout this section and renumbered the sections. 100.13.1. The board simplified the wording of the application requirement and, to improve transparency, added a list of materials applicants will need to submit with their applications.100.13.2. The board clarified that applicable fees are to be paid at the time application is submitted.100.13.4. The board removed the re-review requirement for disapproved applications. A concern was raised that operators would lose some due process regarding their right to appeal the decision of the reviewer if an application was denied. However, the board's new information system renders the request for re-review unnecessary by providing a 90-day window to correct deficiencies. Essentially, operators can request innumerable re-reviews until the 90-day period is over.100.13.5. The board reorganized this section for a more logical flow of ideas.100.13.5(b). The board added a provision for mandatory regulatory training to be completed prior to submission of an application and valid for three years. To ensure flexibility as the division develops criteria for this requirement, the regulation does not specify the length of the regulatory training course or the number of training units to be awarded, only that the course must be approved to meet this requirement.100.13.5(d). The board moved the qualifications for reciprocity from section 100.14 to section 100.13.5(d) for a more logical flow.100.13.5(k). The board removed a provision that had allowed entry-level applicants to sit for an exam prior to meeting the one-month experience requirement because the provision would not be enforceable when the new on-line information system goes live. Proposed alternatives such as removing the experience requirement altogether or creating a new classification for operators-in-training, were determined not to be viable at this time.100.13.6(a)(ii). As part of the implementation of HB 16-1197 which mandates clear pathways to certification for members of the armed services and veterans, the board added language making it clear that military education can be substituted for experience requirements consistent with the same way postsecondary education from educational institutions can be substituted for experience requirements. 100.13.6(b). The board removed the provision allowing secondary students in board-approved programs or courses to take exams prior to earning a high school diploma. The goal of this provision was to allow graduating students to be certified shortly after graduation. This was necessary as a work-around of the test cycles. This provision is no longer necessary with the end of test cycles.100.13.13. The board moved language about examinations to section 100.14.1 and took out implementation details such as the setting of places, times and dates for examinations. The board established that, unless other arrangements are made with the exam administrator, exams will be administered electronically. The board also removed language about preparation of validated examinations and examination materials as these items are addressed in state statute.100.14. The board simplified this section and removed reference to renewed certificates because this section is specifically for new certificates.100.14.1. Added the language moved from section 100.13.13. The board removed language related to the setting of places, times and dates for examinations and established that, except as approved by the board, exams will be administered electronically. The board also removed language about preparation of validated examinations and examination materials as these items are addressed in state statute. The board added the provision to allow applicants who fail an exam to retest within a 180-day eligibility period.100.15.1. The board moved a reference to renewed certificates and their period of validity from section 100.14 to 100.15 because section 100.15 deals specifically with certificate renewal. 100.15.2(a). The board removed all reference to the time frame for submitting applications for certificate renewal as such applications can be made at any time in the new on-line information system.100.15.8. The board clarified training units from the mandatory regulatory training are included in the total training units required for renewal and not in addition to those requirements. 100.15.9(d). The board adopted a new provision specifying that the minimum course duration for training unit course approval is 30 minutes and spelling out the maximum training units that can be granted for courses lasting less than an hour. The information has been documented for years on the Training Units Matrix, but the board determined that adopting the minimum course duration into Regulation 100 was appropriate to increase transparency.100.15.9(e). The board also adopted a provision for operators who have taken a course not approved for training units by the board or its contractors to provide a context for the fees collected for review of such courses.100.16.1 and 100.16.2. The board revised the fees section of this regulation for greater clarity, transparency, equity and consistency. Structure
The board revised the fee structure to accommodate collection of non-refundable application and administrative fees in the new certification management system, and separate collection of examination fees outside the system by an exam administrator. The board determined that this structure was sensible and would enhance operators' understanding of the way fees are be applied.
Fee Amounts
The board set the combined application and administration fee at $50 for approval to sit for an exam. The exam fee for electronic exams was set at $100, for a total of $150. The exam fee for paper exams was set at $65 for a total of $115. Although structured a little differently, there was no increase in the total fees assessed for electronic and paper examinations.
The board set the combined application and administration fee at $85 for renewal and reciprocity applications. Although structured a little differently, there was no increase in the total fees assessed for these applications.
100.16.3. The board adopted a provision to clarify that late fees for renewal applications submitted after the expiration date of the previous certificate should be paid through the certification management system at the time the application is submitted.100.16.4. The board modified the fee structure for approval of training unit courses and events to ensure consistency and transparency in handling various types of training options and mitigate against lost training opportunities due to overpricing.37 CR 18, September 25, 2014, effective 10/30/201438 CR 14, July 25, 2015, effective 8/30/201539 CR 01, January 10, 2016, effective 1/30/201639 CR 24, December 25, 2016, effective 1/30/201740 CR 14, July 25, 2017, effective 8/31/201741 CR 20, October 25, 2018, effective 3/1/201941 CR 24, December 25, 2018, effective 3/1/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 05, March 10, 2021, effective 3/31/202144 CR 09, May 10, 2021, effective 5/30/202144 CR 20, October 25, 2021, effective 11/30/2021