DAR File No. 42274

Environmental Quality, Water Quality

Section R317-10-10

Examination

Notice of Proposed Rule

(Amendment)

DAR File No.: 42274
Filed: 10/30/2017 09:50:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change is: to help retain certification validity by removing opportunities for copying exam questions and corresponding answers; promote studying and understanding of the concepts and processes, rather than just memorizing individual questions and answers; and allow the exams to better evaluate the participants' actual understanding of the subject matter when questions are repeated from previous sessions. If individuals have concerns about any particular questions, they are provided a comment form at the exam which should be completed and returned with the exams and marked scoresheets for review by the council and the testing provider in order to improve the quality of questions for future exams.

Summary of the rule or change:

The proposed amendment replaces the option of exam question reviews by participants after failing an exam with a recommendation that the certification council review the comment forms submitted following an exam and submit them to the testing provider.

Statutory or constitutional authorization for this rule:

• Title 19, Chapter 5

Anticipated cost or savings to:

the state budget:

Staff time to administer the reviews will be reduced by about four days per year. The state budget would not be affected by this small savings.

local governments:

Local governments that employ wastewater operators who failed an exam and chose to review them, may or may not have paid the employee's salary for the time used to attend the review. Local governments that pay employees for review time would no longer incur this cost.

small businesses:

The wastewater operator certification program is not mandatory for small businesses. Any participation in this program is on a voluntary basis, unless it is part of a settlement agreement resulting from violations of the Water Quality Act. Removing the option of a review should have no cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Other persons are not regulated by this rule and there would be no measurable cost or savings as a result of this change.

Compliance costs for affected persons:

There is no additional compliance costs for affected persons due to this review being eliminated. Each person is expected to study prior to testing, but there are no specific prerequisites.

Comments by the department head on the fiscal impact the rule may have on businesses:

The elimination of review of wastewater certification exams should have no fiscal impact on businesses since the reviews were offered at no charge to those who failed the exams. Businesses were not required to have certified operators, so only those who wished to have some sort of validation of the abilities of their operators voluntarily participated in the program. They would not change their business practices due to the elimination of the reviews.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2017

This rule may become effective on:

01/01/2018

Authorized by:

Erica Gaddis, Director

R317. Environmental Quality, Water Quality.

R317-10. Certification of Wastewater Works Operators.

R317-10-10. Examination.

A. The time and place of examinations to qualify for a certificate shall be determined by the director upon recommendation of the council.

B. All examinations shall be scored and the applicant notified of the results.

C. Examination fees shall be charged according to the approved division fee schedule to cover the costs of testing.

D. All exams shall be administered in a manner that will ensure the integrity of the certification program.

E. [In the event an applicant fails an exam, the applicant may request to review the exam within ten days following receipt of the exam score]Question Comment Forms completed during the testing session should be reviewed by the council and submitted to the test provider.

F. The council shall not review examination questions for the purpose of changing individual examination scores.

1. However, recommendations may be made to improve individual questions in the databank for future examinations.

2. If an error is found in the grading of the exam, credit may be given.

 

KEY: water pollution, operator certification, wastewater treatment, renewals

Date of Enactment or Last Substantive Amendment: [April 29, 2015]2018

Notice of Continuation: July 6, 2017

Authorizing, and Implemented or Interpreted Law: 19-5