33.1-19-01-07. Issuance of certificates.

1. Upon satisfactory compliance with the certification qualifications, fee, and examination requirements provided herein, the department shall issue a certificate to the applicant. The certificate must 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 shall 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.

1. b. The number of continuing education credits to be earned within a three-year period of time is twelve.
2. 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.
3. 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.
4. 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.1. 3. Certificates are valid for a maximum of one year and expire on the first day of January. Certificates that have been revoked for a cause, invalidated, or replaced by one of higher grade are not renewable, except as noted in this chapter.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.

2. 4. An operator whose certification is invalidated because of failure to renew may apply for renewal within ninety days 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 ninety days 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 ninety days following expiration of the certificate requires requalification by reapplication, reexamination, and payment of examination fees before recertification is granted.

3. 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. A certificate is invalid if obtained through fraud, deceit, misrepresentation, or the submission of false or inaccurate data, information, or qualifications.

4. 6. The department may issue certificates by reciprocity, without examination, to any person holding a certificate from any other state, territory, possession of the United States of America, or any country providing 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 reciprocal privileges are granted to certified operators in North Dakota.

5. 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.

6. 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 is valid for one year from the date of issuance. If the operator satisfies the minimum grade level qualifications and requirements for certification, the operator shall submit an application for certification to the department and complete 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 the department finds the operator has practiced fraud or deception by willfully changing records or by omission, knowingly giving false information to the department, failed to take corrective action required by the department, failed to take required samples, or failed to protect the public health or the state's water resources; or if the department finds 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 an operator whose certificate was suspended or revoked submits a new application for certification, the department may grant a new certificate to the operator if the operator corrects the violations upon which suspension or revocation was based, and evidence of this fact has been satisfactorily submitted to the department.

History: Effective January 1, 2019; amended effective April 1, 2026.

General Authority: NDCC 23.1-07-06

Law Implemented: NDCC 23.1-07-04, 23.1-07-06