2006 Nebraska Revised Statutes - § 71-5309 — Qualifications of operators of public water system; certificate; disciplinary actions; hearing; appeal.

Section 71-5309
Qualifications of operators of public water system; certificate; disciplinary actions; hearing; appeal.

(1) The director shall adopt and promulgate minimum necessary rules and regulations governing the qualifications of operators of public water systems. In adopting such rules and regulations, the director shall give consideration to the levels of training and experience which are required, in the opinion of the director, to insure to the greatest extent possible that the public water systems shall be operated in such a manner that (a) maximum efficiency can be attained, (b) interruptions in service will not occur, (c) chemical treatment of the water will be adequate to maintain purity and safety, and (d) harmful materials will not enter the public water system. The director may require, by rule and regulation, that the applicant for a certificate of competency successfully pass an examination on the subject of operation of a public water system. The rules and regulations, and any tests so administered, may set out different requirements for public water systems based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the criteria set forth in this section are followed.

(2) Any such certificate of competency may be denied, suspended, revoked, or refused renewal by the director for due cause. The holder of a certificate of competency may also be placed on probation by the director for due cause. Due cause shall include, but not be limited to, (a) fraud in processing the certificate, (b) habitual intoxication or addiction to the use of drugs, (c) conviction of a felony, (d) physical or mental incapacity to perform professional duties, (e) violation of any of the provisions of the Nebraska Safe Drinking Water Act or any rules or regulations adopted and promulgated under such act, and (f) failure to pay the required fee. If a certificate holder is placed on probation, his or her certificate may be revoked if the probationary requirements are not followed. Except in cases of failure to pay the required fees, no certificate of competency shall be denied, suspended, or revoked except after due notice and opportunity for a hearing. Any denial, suspension, or revocation of such certificate of competency or the placement of a certificate holder on probation may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:

Laws 1976, LB 821, § 9

Laws 1988, LB 383, § 7

Laws 2001, LB 667, § 40

Laws 2003, LB 31, § 6

Cross References:

Administrative Procedure Act,see section 84-920.

~Reissue Revised Statutes of Nebraska