Section 33.1-19-01-07 - Issuance of certificates1. Upon satisfactory compliance with the certification qualifications, fee, and examination requirements provided herein, the department will issue a certificate to the applicant. The certificate will indicate the operator certification grade, the class of facility or system the applicant is certified to operate, the certificate number, and date of issuance.2. To maintain certification, all certified operators are required to earn continuing education credits by attending training programs, seminars, workshops, and schools established or officially recognized by the department.a. The number of continuing education credits that can be earned by attending officially recognized training programs, seminars, workshops, and schools must be established and regulated by the department.b. The number of continuing education credits to be earned within a three year period of time is twelve.c. Training programs offered by other government agencies, educational institutions, and operator organizations may be used for the continuing education credit requirements at the discretion of the department.d. Certified operators who no longer operate facilities or systems within the boundaries of the state are exempt from the continuing education credit requirements. They may maintain valid North Dakota operator's certificates by paying the required annual renewal fees. If they return to work as an operator in the state, the continuing education credit requirements are in effect and they must earn the required number of training credits during their first year upon returning to North Dakota.e. A certified operator not in compliance with the continuing education credit requirements, as determined by the department, is subject to revocation or suspension of the operator's certification.3. Certificates are valid for a maximum of one year and expire on the first day of July. Certificates which have been revoked for a cause, invalidated, or replaced by one of higher grade are not renewable, except as noted in this chapter. Annual certificate renewal cards must be issued by the department upon receipt of the renewal fee as previously set forth.4. An operator whose certification is invalidated because of failure to renew may apply for renewal within one year following the certificate's expiration date. The operator may be issued a certificate of the same category, grade, and classification if the request for renewal is received by the department within one year after the expiration date of the certificate, the continuing education requirements are satisfied, and all delinquent fees are paid. Failure to renew certification for a period of more than one year following expiration of the certificate will require requalification by reapplication, reexamination, and payment of examination fees before recertification is granted.5. Certificates remain valid as long as the operator exercises reasonable care and judgment in the application of duties and satisfies the continuing education and annual renewal requirements as previously set forth. Certificates may be revoked as provided in North Dakota Century Code chapter 23.1-07.No certificate will be valid if obtained through fraud, deceit, misrepresentation, or the submission of false or inaccurate data, information, or qualifications.6. The department may issue certificates by reciprocity, without written examination, to any person holding a certificate from any other state, territory, possession of the United States of America, or any country providing that the requirements for certification of operators under which the operator's certificate was issued are equal to or higher than specified under this chapter for a like certificate and providing further that reciprocal privileges are granted to certified operators in North Dakota.7. Certificates in an appropriate category, grade, and classification may be issued without examination to qualifying operators as provided by North Dakota Century Code chapter 23.1-07.8. A temporary restricted operator's permit may be issued by the department upon application by the facility or system owner on behalf of the operator where circumstances may exist to warrant issuance. A temporary restricted operator's permit will be valid for one year from the date of issuance. When the operator satisfies the minimum grade level qualifications and requirements for certification, the operator shall submit an application for certification to the department and write the appropriate category and class examination during the first examination session offered by the department following the date of application.9. The department may revoke or suspend the certificate of an operator issued hereunder if it is found by the department that the operator has practiced fraud or deception by willfully changing records or by omission, or knowingly giving false information to the department, or failed to take corrective action required by the department, or failed to take required samples, or failed to protect the public health or the state's water resources; or when it is found 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. A certificate may not be revoked or suspended except after a hearing before the department. If a certificate is suspended or revoked as herein provided, a new application for certification may be considered by the department if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to the department. A new certificate may then be granted by the department.N.D. Admin Code 33.1-19-01-07
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-07-06; S.L.2017, ch.199, § 1
Law Implemented: NDCC 23.1-07-04, 23.1-07-06; S.L.2017, ch.199, § 22