310 CMR, § 50.58 - Recertification Renewal

(1) A toxics use reduction planner may apply to the Department for recertification in accordance with 310 CMR 50.58. A toxics use reduction planner seeking recertification shall apply prior to the date on which his or her certification expires. Failure to do so shall result in the expiration of his or her certification, unless the Department extends the planner's certification pursuant to 310 CMR 50.58(4)(d). Timely submittal of an application for recertification shall extend the planner's certification until the Department issues a final decision denying recertification, or a final decision suspending or revoking the planner's certification pursuant to 310 CMR 50.50.

(2) In order to be recertified, a general practice toxics use reduction planner shall, during the time period of his or her first certification, complete at least 30 continuing education credits. For each subsequent recertification, such a planner shall complete 24 continuing education credits. In order to be recertified, a limited practice toxics use reduction planner shall, during the time period of his or her first certification, complete at least 24 continuing education credits. For each subsequent recertification, such a planner shall complete 20 continuing education credits. Recertification credits may include credits related to environmental management systems and resource conservation planning as defined in 310 CMR 50.62 and 50.63. The Department shall grant continuing education credits for completion of courses, seminars, or other educational or professional programs in the following areas:

(a) toxics use reduction activities as defined in 310 CMR 50.55(2);

(b) environmental management systems as specified in 310 CMR 50.80;

(c) resource conservation planning as specified in 310 CMR 50.90; or (b) other environmental laws or regulations, or laws of regulations pertaining to worker health or safety, except that such education may not count for more than four credits.

(3) Professional activities related to toxics use reduction, including but not limited to presenting or publishing papers, teaching, participation in professional or trade associations, or participation in advisory committees for government agencies, may, at the Department's discretion, count toward up to eight credits of the course work required in 310 CMR 50.58(2).

(4) The Department shall determine whether to recertify a planner in accordance with 310 CMR 50.58 and the following:

(a) Courses, seminars, or any other educational or professional programs relating to toxics use reduction activities sponsored by the Department, the Office of Technical Assistance, the Toxics Use Reduction Institute, other state or federal pollution prevention agencies, or the Environmental Protection Agency shall be considered "approved by the Department" for the purposes of 310 CMR 50.58(2).

(b) Individuals, sponsors or presenters of courses, seminars, or programs, or planners who wish to count courses, seminars, or any other educational or professional programs other than those set forth in 310 CMR 50.58(4) toward the recertification requirements of 310 CMR 50.58 may apply to the Department for approval of such courses, seminars, or other educational or professional programs. The Department may approve such courses, seminars, or other educational or professional programs at its discretion.

(c) In general, one hour of course work in topics specified in 310 CMR 50.58(2) shall equal one credit. In unusual cases, the Department may, at its discretion, specify that one hour of coursework in topics specified in 310 CMR 50.58(2) equals more than one credit, not to exceed two credits, if the Department determines that a particular course, seminar or other program, or a particular topic, is especially relevant or important to the responsibilities of toxics use reduction planners.

(d) If the Department disapproves a course, seminar, or other educational or professional program, the Department may, at its discretion, extend a planner's certification so that the planner may attend other courses, seminars or programs.

(e) Topics in pollution treatment or control shall not count toward the coursework required pursuant to 310 CMR 50.58(2)(a).

(f) The Department may deny recertification for any of the reasons set forth in 310 CMR 50.59(1).

(5) Following review of an application for recertification, the Department shall issue a written decision granting or denying recertification. A decision denying certification shall state the grounds for such denial. An planner whose application for recertification is denied may request an adjudicatory hearing in accordance with M.G.L. c. 30A and 310 CMR 1.00, and 310 CMR 50.60.

(6) If the Department decides to deny recertification, the Department may, at its discretion, specify conditions that the applicant shall fulfill in order to be certified or recertified. Such conditions may include, without limitation, the following:

(a) satisfactory completion of coursework pursuant to 310 CMR 50.58(2);

(b) satisfactory completion of remedial education in accordance with 310 CMR 50.59(4);

(c) a deadline for satisfying any conditions imposed by the Department pursuant to 310 CMR 50.58(6);

(d) a time period, not to exceed three years, during which the individual may not apply to the Department for certification as a toxics use reduction planner.

(7) A planner may apply to the Department for modification of the requirements set forth in 310 CMR 50.58. The Department may, at its discretion, modify the requirements of 310 CMR 50.58 for a planner. In determining whether to do so, the Department may consider, without limitation, whether satisfying the requirements set forth in 310 CMR 50.58 constitute undue hardship for the planner, or whether the nature of toxics use at the facility warrants modification of the requirements set forth in 310 CMR 50.58.

(8) The Department may establish a fee for recertification.

(9) The Department may establish a deadline for recertification.

(10) The Department may require applicants for recertification to apply on a form specified by the Department.

(11) The Department may suspend or revoke a toxics use reduction planner's certification for failure to meet the recertification requirements set forth in 310 CMR 50.58. The Department may preclude such individuals from reapplying for certification for up to three years. In determining whether to suspend or revoke a toxics use reduction planner's certification for failure to meet the recertification requirements set forth in 310 CMR 50.58, the Department may consider whether the failure was due to serious illness or other circumstances beyond the planner's control.

Notes

310 CMR, § 50.58