§ 302.403. Review of CHRs by the Board.
(a) The Board will review all CHRs submitted with applications for certification action in accordance with the act and this chapter.
(b) A preliminary review committee will conduct a review, and if necessary, conduct appropriate investigations and make a recommendation to the Board for action. The membership of this committee will include:
(1) A Board member.
(2) A Department employee.
(3) Board legal counsel.
(c) The Board or Board-designated agent will conduct an evaluation of all applicants with a conviction noted on their CHR to determine the appropriate category in this section. Convictions meeting the criteria in § 302.402 (relating to CHR investigations) require the Department to conduct an investigation and submit a written report to the Board or Board-designated agent.
(d) If the preliminary review committee feels the conviction may be related to the operation of a drinking water or wastewater treatment system, it will instruct the Board Secretary to send the applicant a certified letter notifying them of this potential and offering them the opportunity to appear at the next regularly scheduled Board meeting to present any information they feel is relevant or related to the conviction. The Department employee on the committee will also solicit further information from the appropriate regional office as it relates to the circumstances that resulted in the conviction and the applicant’s record as an operator.
(e) The preliminary review committee will present the reasons for its recommendation and any associated documentation to the Board before the Board takes action on the application for certification action.
(f) These recommendations will be assigned into the following two categories:
(1) Recommend approval of the application for certification action.
(2) Recommend that the full Board review the CHR and investigation findings.
(g) An applicant for certification will not be denied admittance to the certification exam pending a final action on a CHR.
(h) The Department will complete the investigation within 120 days unless granted an extension by the preliminary review committee based on circumstances related to the necessary collection of information needed to make a recommendation.
Cross References This section cited in 25 Pa. Code § 302.302 (relating to issuance of certificate for certification or recertification).
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