Within one year after a classification upgrading unrelated to a system or plant modification, the owner of a plant or system may request that its operator be granted a restricted certificate if the operator of the plant or system was certified so that the plant or system was in compliance with SDCL 34A-3 prior to its reclassification.

1. (1) The magnitude of the change;
2. (2) The operator's training;
3. (3) The operator's past performance; and

4. (4) The recommendation of the board.

   The secretary may grant or deny the request and shall notify the owner of the decision and the reasons therefor within 45 days. A restricted certificate granted pursuant to this section is valid only for the specified operator at the specified plant or system.

In considering the request, the secretary shall review the following:

Source: 6 SDR 49, effective January 1, 1981; 12 SDR 209, effective July 7, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

General Authority: SDCL 34A-3-24.

Law Implemented: SDCL 34A-3-3 , 34A-3-4.