16 Del. Admin. Code § 4463-7.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4463-7.0 - Licensing Procedures7.1 The Division may enter into a contract with a third party to prepare, administer, and grade written examinations required for each category and classification of license. 7.1.1 A minimum score of 75 percent shall be considered passing.7.1.2 Examinations are confidential and remain the property of the Advisory Council.7.1.3 The Advisory Council may waive the requirements for the written examination, due to unusual and extenuating circumstances, and allow a recorded examination conducted and retained by the Advisory Council.7.1.4 The Advisory Council shall designate the locations and times for examinations to be held and provide notification at least two months prior to the scheduled examination date. Examinations shall be held in January and June of each year.7.1.5 Applicants must register with the Division a minimum of 30 days prior to the announced date of any licensing examination.7.1.5.1 The Division shall produce registration forms available to the public.7.1.5.2 The registration form shall not require personal references, a picture of the applicant, or information relating to citizenship, place of birth, or length of State residency.7.1.6 Upon successful completion of the examination, applicants must meet all current requirements for licensure and submit an application to the Advisory Council with the applicable fee.7.1.6.1 Any applicant that fails to submit an application with the applicable fee within 90 days of the first notification indicating they passed the examination must retake the examination and submit a new application with the applicable fee to the Advisory Council.7.1.7 If an application is refused or rejected, an applicant may appeal in writing via certified mail to the Secretary within 30 days of receiving such notification. Any applicant who failed the examination has the right to an appeal before the Advisory Council.7.1.8 Any applicant who fails to pass an examination may apply for re-examination. Applicants may sit for the same examination two times within a one-year period. Applicants who fail twice within a one-year period must wait one year before sitting for another examination.7.2 Once an applicant satisfies requirements provided in this regulation and provides proof of employment with acceptable operating experience at a Delaware non-transient non-community water system or community water system, the applicant, upon recommendation by the Advisory Council, shall be issued a suitable license by the Secretary. The license shall indicate all endorsements for which the licensee is qualified, the date of issuance, and the date of expiration.7.3 Renewal of License. It is the responsibility of the licensee to file a renewal application with the Advisory Council. The Advisory Council is not required to notify licensees of expiration dates.7.3.1 Licenses shall be renewed every two years unless suspended, revoked for cause, or inactivated under subsection 7.4 .7.3.1.1 Applications for renewal must be submitted to the Advisory Council on the forms provided by the end of the licensing period. Applications for renewal postmarked after the end of the licensing period will be considered late.7.3.2 All licensees must obtain 20 educational contact hours every two years to be eligible to renew their license.7.3.2.1 OIT licensees may accrue educational contact hours during their OIT License period and, upon completion of their first base-level license period, apply them toward their base-level license renewal.7.3.2.2 A minimum of 10 educational contact hours must be obtained in classes of a technical nature, directly related to waterworks operation, treatment, or distribution.7.3.2.3 Operators are eligible to receive one educational contact hour, not directly related to waterworks operation, treatment, or distribution, for general attendance to a conference hosted by a nationally recognized organization related to drinking water and approved by the Division with proof of attendance as required by the Division.7.3.2.4 Operators are eligible to receive one educational contact hour, not directly related to waterworks operation, treatment, or distribution, for each attendance to a regular meeting held by the Advisory Council, not to exceed four per year.7.3.2.5 Educational contact hours are required of all licensees and shall be completed prior to the time a license is to be renewed. Extra educational contact hours do not carry over to the next licensing period. Licensees will only get educational contact hour credit for their first attendance of approved courses during each licensing period. Licensees may retake an approved course in the same licensing period but will not receive additional educational contact hour credit.7.3.3 Any license that has not been renewed in accordance with subsections 7.3 .1 and 7.3.2 shall be automatically inactivated. A license may be reactivated without examination upon payment of the applicable fee and verification of completion of continuing education requirements within one year from the end of the licensing period. Licensees who do not reinstate within one year of the expiration date must submit a new application to the Advisory Council and successfully complete the applicable written examinations to renew their licenses. 7.3.3.1 Continuing education units may be earned during the period of inactivation if the applicant does not have the required number of CEUs for renewal. CEUs earned during periods of inactivation do not carry over to the two-year term of the renewed license.7.4 The Secretary may suspend or revoke the license of an operator after considering the recommendations of the Advisory Council when it is found that the operator has practiced fraud or deception; failed to use reasonable care, judgment, or the application of knowledge or ability in the performance of duties; or is incompetent or unable to perform duties properly. 7.4.1 The Advisory Council's recommendation to the Secretary shall be made after conducting a hearing in accordance with provisions established under these regulations. Denial of renewal, suspension, or revocation of a license or placement on probation may result from actions that pose a significant or immediate public health risk and may include malfeasance, misfeasance, and nonfeasance.7.5 Fees 7.5.1 A licensure fee as authorized by . 16 Del.C. § 122(3)(c) shall be assessed for initial and renewal licensures.7.6 The Division may grant reciprocity and issue a license without examination to an applicant who holds a certificate or license in any state, territory, or possession of the United States or any country.7.6.1 Reciprocity will be granted if, in the judgment of the Secretary, the requirements under which the certification or license was issued do not conflict with the provisions of these regulations or any rules promulgated hereunder, and are of a standard not lower than that specified by these regulations.7.7 A licensee with an active license may request in writing to be placed on inactive status. Inactive status can be renewed electronically on a biennial basis by attestation with supporting documentation of completing the required continuing education for licensure. Inactive licensees may reactivate their license by submitting a written request to the Advisory Council with payment of the applicable fee as set by the Division.7.7.1 An operator is not authorized to work as a licensed operator in this State during the period of inactive status.16 Del. Admin. Code § 4463-7.0
23 DE Reg. 928( 5/1/2020) (final)