(b) Initial licensing and examination.

1. (1) Any person desiring to take a license examination for which that person is eligible must file an examination application with the executive secretary of the Wastewater Licensing Committee at the Division of Environmental Quality.

2. (2)

   1. (A) A combined examination and licensing fee of forty dollars ($40.00) must accompany the examination application.
   2. (B) All fees must be paid and an application approved no less than five (5) business days prior to the test date.
   3. (C) If an applicant has not taken the examination within sixty (60) days of the requested test date, the forty-dollar fee is not refunded.
   4. (D) If an examination must be repeated, an additional twenty-dollar examination fee shall be required.
3. (3) An application may be denied if the operator has falsified any information required in the exam application.

4. (4)

   1. (A) A score of seventy percent (70%) or greater will be considered a passing score.
   2. (B) Licenses will be awarded to those who obtain a passing score.
   3. (C) Applicants who pass the examination, provided that all other licensing and examination requirements (education, experience, etc.) are met may proceed to the next level of licensing examination without a waiting period.
   4. (D) Applicants who fail to pass the examination may repeat the examination after a three-month waiting period; and

5. (5) Examination score appeals.

   1. (A) To appeal an examination score, an operator shall notify the executive secretary of the Wastewater Licensing Committee in writing of intent to appeal within thirty (30) days after notification of the examination score.
   2. (B) The appellant will be notified in writing within fifteen (15) working days of the date and time the examination may be reviewed with the executive secretary at the division licensing office.
   3. (C) If, after the review, the operator's appeal is unsatisfied, the appeal may be referred to the Wastewater Licensing Committee at the next scheduled meeting.

(c) License renewal.

1. (1)

   1. (A) Renewal period.
   2. (B) Licenses are valid for two (2) years (July 1 – June 30), with the renewal period beginning on July 1.

2. (2)

   1. (A) Renewal requirements.
   2. (B) Licenses may be renewed without examination provided that the training requirements, as set forth in 8 CAR § 22-403(a)(1), are met.
   3. (C) An operator with a revoked license will require the approval of the Wastewater Licensing Committee before any action can be taken.

3. (3)

   1. (A) An operator whose license or licenses are in suspension will not be sent a renewal while in suspension.
   2. (B) The operator is responsible for requesting a renewal form at the end of the suspension.
   3. (C) All training hours, renewal fees, and late fees will apply to the license or licenses at that time.

4. (4)

   1. (A) Fees.
   2. (B)

(i) A license renewal fee of forty dollars ($40.00) must accompany a renewal request to be submitted to the executive secretary.

1. (ii) A ten-dollar late fee shall be assessed to renewals paid after the due date.

   1. (d) Implementation of Acts 2007, No. 544. In order to implement Acts 2007, No. 544, and to be synchronized with the Drinking Water Advisory and Operator Licensing Committee, the following schedule applies with the prorated renewal fees and training requirements:

2. (1)

   1. (A) The next renewal period is January 1, 2008, through June 30, 2009.
   2. (B) The renewal fee for this eighteen-month period will be thirty dollars ($30.00) per license, and a minimum of eighteen (18) hours of approved wastewater training, at least nine (9) direct; and
3. (2) The biennial renewal period will begin July 1, 2009, and training requirements are as listed above in 8 CAR § 22-403.

(e) Lapsed license.

1. (1) Any operator in good standing who allows their license to expire for over one (1) year will be required to take a new examination before license consideration.
2. (2) The class at which the operator shall be reexamined will be at the discretion of the Wastewater Licensing Committee.
3. (3) Any other operators with lapsed licenses due to revocation or suspension will be required to take a new examination, if approved by the Wastewater Licensing Committee, for license reinstatement.

(g) License reciprocity.

1. (1)

   1. (A) Operators who hold a wastewater license in another state may be granted an Arkansas license based on their current credentials.
   2. (B) Reciprocity may be considered by the Wastewater Licensing Committee on a case-by-case basis.

2. (2) The following minimum requirements must be met before consideration:

   1. (A) The operator must have sufficient training and experience to qualify for the requested class in accordance with this part;
   2. (B) The operator must have taken and passed a written examination for the equivalency that was administered by the authority for which reciprocity is requested;
   3. (C) The operator must be currently licensed by a certification authority that recognizes the State of Arkansas wastewater licensing program; and
   4. (D) A written request for reciprocity with an accompanying forty-dollar research fee must be submitted to the executive secretary.
3. (3) Approved reciprocity licenses may be maintained by renewal as per this part.

(h) Revocation or suspension of license.

1. (1)

   1. (A) The Director of the Division of Environmental Quality, upon recommendation from the Wastewater Licensing Committee, may revoke or suspend the license of an operator should the Wastewater Licensing Committee find that the operator:

      1. (i) Committed fraud in the application for a license or in the performance related to duties under a license;
      2. (ii) Failed to exercise reasonable care, judgment, or application of knowledge in the performance of the duties and responsibilities;
      3. (iii) Is incompetent, unable, or unwilling to perform the required duties;
      4. (iv) Intentionally caused a violation of the licensing requirements or related law;
      5. (v) Falsified state, local, or federal water quality related permits or records; or
      6. (vi) Is creating a clear potential threat to public health, safety, and/or the environment.
   2. (B) The time and conditions of suspension shall be at the discretion of the director.

2. (2)

   1. (A)

      1. (i) If the director determines that a license should be revoked or suspended, a notice of revocation or suspension shall be filed with the Arkansas Pollution Control and Ecology Commission and served upon the operator.
      2. (ii) Service shall be notified by certified mail, with restricted delivery, of a notice of suspension or revocation.
      3. (iii) A copy of same shall also be sent to the owner of the facility which employs the operator unless the facility is owned by the operator.

   2. (B)

      1. (i) The operator shall have the right to appeal the notice and request a hearing.
      2. (ii) Procedures for the filing and conducting of an appeal shall be governed by 8 CAR pt. 11.