Section 11-61-5 - Application, examination, issuance and revocation or suspension of wastewater treatment plant operator certification(a) Application. (1) An application form developed by the board for requesting certification as a wastewater treatment plant operator by examination, or reciprocity certification shall be properly and accurately completed and submitted with the applicable application fee as specified in subsection (f) to: Chairperson, Board of Certification of Operating Personnel in Wastewater Treatment Facilities, 1350 Sand Island Parkway, Building 3A, Honolulu, HI 96819.(2) A complete application for examination shall be filed with the board on or before the filing deadline established by the board. The board shall establish an application for examination filing deadline date at least sixty days before the date of the scheduled examination date.(3) The board shall not process an incomplete application for reciprocity certification until all required information or missing information is submitted to the board.(4) The board shall notify each applicant in writing within sixty days after receipt of a complete application of the decision of the board. (A) If the applicant is eligible to take the examination, the applicant shall be advised of the date, time, place of examination and deadline to submit examination fees. Failure to submit the examination fee on or before the deadline established by the board shall disqualify the applicant for examination.(B) If the applicant is ineligible to take the examination, the applicant shall be notified by letter and advised of the reason for ineligibility.(5) The board shall disqualify an applicant for failure to meet the qualifications for certification. The board shall not finally deny certification to an applicant without affording the applicant an opportunity for a hearing in accordance with chapter 91, HRS.(6) If a disqualified applicant wants a chapter 91, HRS hearing, the applicant shall request the hearing within twenty days of the notice of disqualification.(7) Failure of the board to act on a complete application for certification within sixty days after receipt of such application shall be deemed an acceptance of such application.(b) Examination. (1) If the applicant fails to meet a minimum grade of seventy per cent in the examination, the board shall not issue a certificate. If the applicant meets the minimum grade in the examination, the board shall issue a certificate. All applicants shall be notified in writing within thirty days following review of the examination results by the board as to whether they passed or failed the examination.(2) After the examination has been completed and the decision for certifying applicants has been rendered by the board, all examination papers and records pertaining thereto shall be filed with the director and retained for at least three years.(3) If an applicant fails to meet the minimum grade requirement in any examination, the applicant shall be permitted to be reexamined at a subsequent examination. An applicant desiring to be re-examined shall submit an application together with the application fee, as prescribed in subsection (a).(4) The board may invalidate individual or all results of an examination if there were irregularities in the examination. An applicant taking an examination that has been invalidated shall be notified in writing of the reason for invalidation.(c) Issuance and renewal of certificates and identification cards. (1) Upon satisfying the requirements for certification, the director shall issue a certificate and identification card to the applicant. The certificate shall expire on October 15 of the year following the year that it was earned.(2) All certificates must be renewed in accordance with this subsection to remain valid. Renewed certificates shall be valid for a period of twenty-four months and shall expire on October 15 of the appropriate year. (A) The board shall forward an appropriate renewal notice to each certified operator at least sixty days before the date of expiration of the operator's certificate. The renewal notice shall be sent to the operator's last known address on file with the board.(B) For certificates earned prior to the effective date of this rule, HRS Title 11 Chapter 61, the board may initially stagger renewal dates to effectively manage the program.(C) As a prerequisite to the renewal of a certificate, the certified operator must earn a minimum of two continuing education units or equivalent as approved of by the board within a twenty-four month period immediately prior to the certificate's expiration date.(D) Upon proper payment of the renewal fee by the certified operator, the board shall issue a new identification card.(E) No examination is required to renew a certificate provided that the certificate renewal fee is paid no later than ninety days after the certificate expiration date.(d) Suspension, and revocation of certificate. (1) The board may suspend, reduce the grade, or revoke the certificate of an operator when it is found that the operator has practiced fraud or deceit in obtaining certification or in performing the operator's duties; that reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties; or that the operator is incompetent or unable to properly perform the operator's duties.(2) Notice of proposed suspension, grade reduction, or revocation shall be given to the operator at least twenty days before taking action. The notice shall contain the alleged facts or conduct upon which the proposed action is based and shall inform the operator of the opportunity for a hearing in accordance with chapter 91, HRS. The operator shall be notified of the proposed action in accordance with the provisions of section 91-9.5, HRS.(3) If the operator wants to contest the suspension, grade reduction, or revocation, the operator shall request a hearing within twenty days after receiving notice of the proposed action.(e) A registry of wastewater treatment plants and certified operators shall be updated on an annual basis and made available.(f) Schedule of fees. (1) Application - Twenty-five dollars. This fee shall accompany the application requesting reciprocity certification, or certification by examination.(2) Examination - Fifty dollars. This fee shall be submitted after the applicant receives notification of eligibility to take the examination. This fee includes the certificate fee, provided that the certificate is earned.(3) Reciprocity certificate - Fifty dollars. This fee shall be submitted within forty-five days after the applicant receives notification of eligibility for reciprocity certification. The applicant shall be required to reapply if the certificate fee is not submitted within the required time.(4) Temporary certificate - Fifty dollars. This fee shall be submitted after the applicant receives word that he/she is eligible for temporary certification.(5) Renewal fee - Fifty dollars. The certification shall be renewed every two years and the renewal fee shall be due on October 15 of the year the certification expires.(6) Replacement of certificate - Twenty-five dollars. This fee shall be submitted when requesting replacement of a certificate due to loss, damage, or misplacement.(7) Replacement of identification card - Ten dollars. This fee shall be submitted when requesting replacement of an identification card due to loss, damage, or misplacement.(8) Late fee - Five dollars. This fee shall be charged if the certificate renewal fee is received after the expiration date.(g) Posting of certificate. All operators in direct responsible charge shall post their certificate on the wall or other conspicuous place at the wastewater treatment plant where they are employed.[Eff. 11/5/81; am and comp 1/22/2002] (Auth: HRS §§ 340B-7, 340B-11) (Imp: HRS §§ 340B-7, 340B-11)