Subchapter D. CRIMINAL HISTORY RECORDS
Sec.
302.401. Submission of CHRs.
302.402. CHR investigations.
302.403. Review of CHRs by the Board.
302.404. Board actions as the result of a CHR.§ 302.401. Submission of CHRs.
(a) The Board requires a CHR to accompany an application whenever an applicant does one or more of the following:
(1) Submits an application for certification. A CHR is not required for subsequent renewals.
(2) Submits an application requesting certification by reciprocity.
(3) Submits an application for recertification.
(b) An applicant holding a bioperable certification shall meet the requirements in subsection (a) for each separate water and wastewater certificate.
(c) The date of issuance on a CHR must be no more than 90 days before the date when the application is received by the Board Secretary.
§ 302.402. CHR investigations.
The following criminal activities require further investigation:
(1) A felony.
(2) A misdemeanor that appears to be related directly to activities associated with carrying out the duties and responsibilities as a certified operator.
Cross References This section cited in 25 Pa. Code § 302.302 (relating to issuance of certificate for certification or recertification); and 25 Pa. Code § 302.403 (relating to review of CHRs by the Board).
§ 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).
§ 302.404. Board actions as the result of a CHR.
(a) The Board will act on all CHRs submitted with an application for certification action.
(b) The Board will find no further action is necessary when an applicant’s CHR shows no convictions.
(c) Based on the Board’s authority under 18 Pa.C.S. Chapter 91 (relating to criminal history record information), the Board may deny an application for certification action based on a conviction of either:
(1) A felony related to the trade, occupation or profession for which the certification is sought.
(2) A misdemeanor related to the trade, occupation or profession for which the certification is sought.
(d) The Board will review the recommendations of the preliminary review committee before taking action. Based on this review, the Board will do one of the following:
(1) Agree with the preliminary review committee and take action on the CHR accordingly.
(2) Disagree with the preliminary review committee and take action on the CHR accordingly.
(e) Within 14 days of Board action, the Board Secretary will notify an applicant in writing of the Board’s action to deny an application for certification action based on the applicant’s CHR. This notification will also identify the Board’s reasons for the decision.
(f) Final actions taken by the Board related to this section are appealable to the Environmental Hearing Board.
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