18 AAC 74.040. Examination requirements

(a) To be certified to operate a water system classified as class I - class IV under 18 AAC 74.120, an applicant must pass an approved and validated examination that demonstrates the applicant's skills, knowledge, ability, and judgment to operate a system of that classification in compliance with the requirements of this chapter and 18 AAC 80.

(b) To be eligible to take an examination, the applicant must meet the education and experience requirements of 18 AAC 74.050. The department will notify the applicant of eligibility for an examination. Examinations will be held at least annually, at a time and place announced by the department. The applicant shall pay the examination fee required by 18 AAC 74.870(c) at the time of the examination.

(c) The department will conduct an oral or practical validated examination instead of a written examination for certification of an operator in training (level OIT) and level I certification, if the department determines that an oral or practical examination more accurately assesses the applicant's skills, knowledge, ability, and judgment to operate the system, that the department has sufficient resources to conduct that examination, and that human health, safety, and welfare will be adequately protected. An examination conducted under this subsection will be recorded. An applicant examined under this subsection will be certified to operate only the system at which the oral or practical examination was given. In making its determination whether to conduct an oral or practical examination, the department will consider

(1) the complexity and remoteness of the system the applicant intends to operate;

(2) the availability of operators for the system the applicant intends to operate;

(3) the applicant's written and oral communication skills;

(4) whether the applicant is the operator employed by the system at the time of application;

(5) whether an oral or practical examination is necessary to comply with 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act); and

(6) other factors relevant to the applicant's skills, knowledge, ability, or judgment, or to the protection of human health, safety, and welfare.

(d) The department will grade each examination administered under this section and notify each applicant of the results within 60 days after the examination. The department will not provide the completed, graded examination to the applicant. The applicant may review the applicant's examination results with the department.

(e) An applicant who fails an examination, or who, except as provided in 18 AAC 74.870(f) , fails to appear for an examination may submit an application for reexamination. The applicant must submit to the department the application for reexamination and the fee required by 18 AAC 74.870(b) at least 45 days before a scheduled examination date. The applicant shall pay the examination fee required by 18 AAC 74.870(c) at the time of the examination.

History: Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/23/86, Register 97; am 5/29/93, Register 126; am 1/18/2001, Register 157

Authority: AS 46.30.050

AS 46.30.080

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.