CONTINUING EDUCATION REQUIREMENTS
§ 130e.51. Commercial manure broker and hauler continuing education requirements.
(a) Continuing education credit requirements. To maintain certification, certified commercial manure brokers and commercial manure haulers shall be required to obtain continuing education credits. The number of continuing education credits required shall be based on the level of certification. The Department will develop or may approve continuing education credit courses for each level of certification.
(1) Level 1 and 2 commercial manure brokers and Level 3 commercial manure haulers. Every 3 calendar years, Level 1 and Level 2 commercial manure brokers and Level 3 commercial manure haulers, shall provide written documentation of completion of the required number of continuing education credits. Continuing education credits shall be received by attending and completing Department-developed or approved continuing education courses in the competency requirements set forth in the initial certification courses for the particular level at which the person is certified. Competency requirements for Level 1 and Level 2 commercial manure brokers are set forth in § 130e.11 (relating to determination of competence) and competency requirements for Level 3 commercial manure haulers are delineated in § 130e.41 (relating to determination of competence). Continuing education credit courses and credits offered in conjunction with the Department’s nutrient management plan certification regulations meet the requirements for continuing education credits under this section.
(2) Level 2 commercial manure haulers. Every 3 calendar years, Level 2 commercial manure haulers shall provide written documentation of completion of the required number of continuing education credits. Continuing education credits shall be received by attending and completing Department-developed or approved continuing education courses in the competency requirements for a Level 2 commercial manure hauler, which are set forth in § 130e.31 (relating to determination of competence).
(3) Level 1 commercial manure haulers. Every calendar year, Level 1 commercial manure haulers shall complete an updated work sheet as set forth in subsection (b)(2)(ii)(d).
(b) Continuing education courses and credits.
(1) Continuing education. Continuing education credits shall be obtained through attendance at Department- developed or approved courses. The Department will develop or evaluate and approve continuing education courses for each level of commercial manure broker and commercial manure hauler. The Department will publish approved courses and the place, date and time for each course on the Department website and in the Department’s quarterly newsletter. The Department will also notify certified commercial manure brokers and commercial manure haulers by e-mail or by fax, or both, if the commercial manure broker or commercial manure hauler has provided its contact information to the Department. The Department will endeavor to hold continuing education courses in various regions across this Commonwealth to assure reasonable access to certified commercial manure brokers and haulers across this Commonwealth.
(2) Continuing education credits.
(i) Rate of accrual. Continuing education credits accrue at the rate of 1 credit per hour of applicable instruction. Participants shall be required to sign in and sign out of each continuing education course. Participants shall be required to attend the entire continuing education course. A participant leaving a continuing education course early shall receive no continuing education credits. The sign in and sign out sheets will be provided by the Department and shall be collected by the continuing education course provider at the end of each day of the continuing education course and mailed to the Department. The Department will record the name of each certified commercial manure broker and certified commercial manure hauler attending the continuing education course and assign the appropriate number of continuing education credits to the broker’s or hauler’s file. Break periods such as coffee breaks, lunches, visits to exhibits and the like will not be considered as part of the instruction period and shall be excluded from the applicable instruction hours. Question and answer sessions shall be considered part of the applicable instruction hours. Early dismissal is not allowed and credits will not accrue in any hour in which there was an early dismissal.
(ii) Number of continuing education credit hours required. Certified commercial manure brokers and certified commercial manure haulers shall be required to obtain the following amount of continuing education credits in Department-approved continuing education courses:
(A) Level 1 certified commercial manure brokers and Level 3 certified commercial manure haulers shall be required to attain 9 continuing education credits every 3 years.
(B) Level 2 certified commercial manure brokers shall be required to attain a total of 12 continuing education credits every 3 years, with 3 of those 12 continuing education credits pertaining to development of nutrient balance sheets.
(C) Level 2 certified commercial manure haulers will be required to attain 6 continuing education credits every 3 years.
(D) Level 1 certified commercial manure haulers shall not be required to attain continuing education credits. Level 1 certified commercial manure haulers shall be required to fill-out, sign and return an updated work sheet prior to the expiration of their certification period. The Department will mail an updated work sheet to each Level 1 certified commercial manure hauler at least 30 days prior to the expiration of the Level 1 commercial manure hauler’s certification. Upon receipt of the completed and signed work sheet and the proper certification fee, the Department will issue an updated certification.
(c) Failure to obtain continuing education credits. If a commercial manure broker or commercial manure hauler allows his certification to expire and does not obtain the required number and types of continuing education credits in accordance with this chapter, the commercial manure broker’s or commercial manure hauler’s certification shall have lapsed and that person’s privilege to broker or haul manure shall be suspended or revoked until the commercial manure broker or commercial manure hauler obtains the required continuing education credits and meets the recertification requirements of this chapter. If the commercial manure broker or hauler has failed to obtain any of the required continuing education credits, that person shall again satisfy the full certification requirements established by this chapter for the level of certification sought to be retained. The Department will send a written notice of the lapse and of suspension or revocation of certification to the commercial manure broker or hauler. The act requires maintenance of certification and, therefore, a commercial manure broker or commercial manure hauler that has allowed his certification to lapse shall refrain from brokering, hauling or land applying manure until all delinquent continuing education credits are acquired or that person has again completed the appropriate certification requirements and received the Department’s approval, has been removed from suspension and has been reissued a commercial manure broker or hauler certification. Failure to abide by the terms of this subsection is a violation of the act and this chapter and shall subject the violator and his employer to the penalties provisions in sections 6—9 of the act.
(d) Revocation or suspension. The Department’s decision to revoke or suspend a commercial manure broker’s or commercial manure hauler’s certification will be based on the gravity of the offense. The Department will consider the willfulness of the violation, previous violations and whether the person in question has continued to operate despite not acquiring the required continuing education credits prior to lapse of his current level of certification.
(1) Suspended certification. A commercial manure broker or commercial manure hauler whose certification has been suspended may not operate until all continuing education credits have been met and approved by the Department or that person has again completed the appropriate certification requirements and received the approvals, as set forth in subsection (c).
(2) Revoked certification. A commercial manure broker or commercial manure hauler whose certification has been revoked, may not operate until the Department has issued a new certification. To obtain certification again, the person whose certification has been revoked shall again satisfy the full certification requirements established by this chapter for the level of certification sought to be obtained.
Cross References This section cited in 7 Pa. Code § 130e.61 (relating to denial, suspension and revocation of certificates).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
