01-001 C.M.R. ch. 565, § 7 - Certified Nutrient Management Planning Specialist Requirement

All NMPs must be prepared and approved or reviewed and approved by a person who has been certified by the Commissioner ( 7 M.R.S. §4204) . Certification of persons is for a five year period starting from the date when the certification is awarded.

1. Categories for Certification. Persons may become certified in one of two certification categories. These are:

A. Commercial/Public NMP specialist - A person who may develop and approve NMPs for another and may approve NMPs prepared by another.

B. Private NMP specialist - A person who may develop and approve an NMP only for his or her own operation.

2. Education and Training Requirements. Persons seeking to become Certified Nutrient Management Planning Specialists must meet the education and training requirements outlined in either A or B below:

A. Persons seeking certification as Nutrient Management Planning Specialists shall provide proof of certification by a national certifying program for nutrient management planning approved by the Commissioner, such as:

(1) The National Alliance of Independent Crop Consultants; or

(2) The American Society of Agronomy.

B. Persons seeking certification may become certified through a Maine state training and certification program approved by the Commissioner. All persons seeking certification through a Maine state program must pass the appropriate Nutrient Management Planning Certification Test, and have either:

(1) Successfully completed a pre-certification training workshop offered by the Department, UMCE or other agency approved by the Commissioner and passed the test approved by the Commissioner for this purpose; or

(2) Demonstrated a good understanding of agricultural subjects including soil health and fertility, crop management and manure management from past education, training and/or experience, and pertinent Maine nutrient management-related statutes and rules, by passing a test approved by the Commissioner for this purpose.

3. Submission Requirements. Applicants meeting the above requirements shall submit an application for certification on a form approved by the Commissioner, proof that the above requirements have been met and a $35 certification fee, if applicable, to the Department.

4. Certified Persons Requirements

A. A certified person must comply with the standards and requirements provided in these Rules and in the enabling statute when preparing NMPs required under these Rules.

B. A certified person must send a signed notification to the Department of all NMPs prepared or reviewed and approved by that person as meeting the requirements of these Rules. The notification must include the name and address of the owner and, if different, the operator of the farm, the location and address of the farm for which the plan was prepared or approved, the number of animal units on the farm and the acreage of the farm for which the NMP has been developed, the name and address of the certified NMP specialist, a signed statement that the plan is in conformity with these Rules, and any other information requested on the notification form.

C. Persons certified under §7.2(A) of these Rules must maintain certification through the appropriate national certifying programs.

(1) If a person's certification by a national certifying program lapses, that person's Maine certification will remain in effect until the expiration date of the current five-year Maine certification, unless the certification by the national certifying program was revoked, or unless the requirements of §7.4(A) of these Rules have not been met.

(2) In order to maintain the Maine certification, a person must have met conditions under §7.6 of these Rules prior to the expiration date of the Maine certification.

5. Certification Revocation

A. Basis for revoking certification. The Commissioner may revoke certification to prepare and approve NMPs if the certificate holder:

(1) Is no longer qualified;

(2) Fails to comply with these Rules;

(3) Fails to notify the Department after a plan is developed or approved; or

(4) Fails to use appropriate BMPs to minimize contamination of ground and surface water.

B. Notice. When the Commissioner decides to revoke a certification, the certificate holder must receive a written notice of the certification revocation immediately following the decision. The notice must be sent by certified mail, return receipt requested, and must include:

(1) The name and address of the person whose certification is revoked;

(2) The certification number being revoked;

(3) The effective date of certification revocation;

(4) A statement or list of reason(s) why certification is being revoked; and

(5) Notice of the right to request a hearing in accordance with Section 7.5(C) of these Rules.

C. Certification Revocation Hearing

(1) The Commissioner shall hold a hearing on a certification revocation when:

(a) A person receiving a notice of revocation requests a hearing in writing to the Commissioner; and

(b) The request for a hearing is made no later than 30 days after receipt of the revocation notice required under §7.5(B) of these Rules.

(2) The Commissioner shall notify the person requesting a hearing in writing of the date, time and location of the hearing.

(3) The hearing shall be held in accordance with the requirements of 5 M.R.S. Chapter 375, subchapter IV (Administrative Procedure Act). Evidence may be presented at the hearing that might justify reinstatement of the certification.

D. Decision. If the Commissioner finds the certificate holder has complied with §7.4 of these Rules, the certification shall be reinstated. The Commissioner shall notify the certificate holder of the decision, in writing, within 30 days of the decision. The written notice must be sent by certified mail, return receipt requested, and must contain notice of the right to appeal the Commissioner's decision to the Nutrient Management Review Board in accordance with §11 of these Rules.

E. Waiver of Hearing. A certificate holder aggrieved by the decision of the Commissioner to revoke a certification may waive the hearing before the Commissioner and may appeal the decision directly to the Nutrient Management Review Board in accordance with §11 of these Rules. A waiver of the hearing before the Commissioner must be in writing and must be signed by the certificate holder.

6. Recertification

A. Unless certification has been revoked in accordance with these Rules, recertification will be granted upon appropriate application every five years based on the applicant's obtaining the necessary requisites for recertification and submittal of the $35 recertification fee, if applicable. In order to obtain the necessary requisites for recertification, the applicant must either:

(1) Retake the certification exam;

(2) Earn credits at workshops, courses or seminars designated for this purpose by the Commissioner. The number of credits needed are:

(a) Commercial/ Public NMP Specialist - 10 credits per 5 year recertification interval;

(b) Private NMP Specialist - 6 credits per 5 year recertification interval; or

(3) Maintain their certification through the appropriate national certifying program in the case of persons certified in accordance with §7.2(A) of these Rules.

B. Recertification Credits

(1) Recertification credits will be available only through the documentation of attendance at Nutrient Management workshops, webcasts, courses or seminars pre-approved by the Commissioner. The workshop, course or seminar must include the presentation of Nutrient Management topics.

(2) Nutrient Management topics include, but are not limited to:

(a) Nutrient Management

(b) Applicable laws and regulations

(c) Water quality

(d) Soil health and management

(e) Erosion control

(f) Agricultural best management practices

(g) Composting of farm material or regulated residuals

(3) Approval. To qualify for Commissioner approval of recertification credits, the following minimum requirements must be met:

(a) A syllabus or outline of the seminar, course, webcast or workshop must be provided to the Department in advance and must, at a minimum, identify the length of the program, the nutrient management topics to be discussed and the presenter(s);

(b) "Recertification Attendance and Credit Form(s)", available from the Department's Nutrient Management Program Office, must be obtained for distribution at the seminar, course, webcast or workshop. The attendees should be told before the seminar, course, webcast or workshop that credits are being offered toward recertification. The forms should be distributed at the end of the seminar, course, webcast or workshop; and

(c) The organizer of a qualified seminar, course, webcast or workshop must provide an attendance report to the Department.

(d) The Department will review the seminar, course, webcast or workshop agenda/curriculum and, if it qualifies, will assign a credit value. The Department may send a copy of the submitted form to the person requesting the credits, with information such as qualification of the event and the number of creditsawarded.

(4) Attendee Qualifications. To qualify for Departmental approval of recertification credits awarded at a qualifying seminar, course, webcast, or workshop, attendees must:

(a) Complete a "Recertification Attendance and Credit Form(s)" provided at the seminar, course, webcast or workshop. If the seminar, course, webcast or workshop is given over several days, the attendee must fill out one form for each day he/she has attended, unless daily submissions are waived by the Commissioner or designee;

(b) Attach a certificate of successful completion or any other valid proof of successful completion to the form, if none was submitted under §7.6(B) 3(c); and

(c) Submit the completed form and proof of successful completion to the Department's Nutrient Management Program Office.

(5) An individual who conducts or presents at a seminar, course, webcast or workshop for which the Department assigns credits may be eligible for extra credits for each hour-long presentation on appropriate topics.

(6) A person who fails to accumulate the necessary credits shall re-apply to take the exam required for the initial or previous certification.

Notes

01-001 C.M.R. ch. 565, § 7