Compilation of Rules and Regulations of the State of Georgia
Department 600 - STATE SOIL AND WATER CONSERVATION COMMISSION
Chapter 600-8
Subject 600-8-1 - EDUCATION AND TRAINING CERTIFICATION REQUIREMENTS FOR PERSONS INVOLVED WITH LAND DISTURBING ACTIVITIES
Rule 600-8-1-.05 - Trainer/Instructor Guidelines

Current through Rules and Regulations filed through March 20, 2024

(1) Eligibility Requirements

(a) Level 1 (Fundamentals, Advanced Fundamentals, and Awareness Seminars) Trainers and instructors shall meet at least the following minimum requirements:
i. Education: A four-year college degree or five years experience in the field of erosion and sediment control.

ii. Experience: Five years of experience in the field of erosion and sediment control. Where years of experience are used in lieu of the education requirement, a total of 10 years field experience is required.

iii. Approval by the Conservation Commission and the Stakeholder Advisory Board; and

iv. Successful completion of "Level 1 Trainer and Instructor Seminar."

(b) Level 2 (Introduction to Design Seminar) Trainers and instructors shall meet at least the following minimum requirements:
i. Education: A four-year college degree in engineering or natural sciences, or five years of professional licensure in the field of engineering, architecture, landscape architecture, forestry, geology, or land surveying or as a CPESC.

ii. Experience: Five years of experience in the field of erosion and sediment control. Where years of professional licensure or CPESC serves in lieu of a four-year college degree, ten years of experience in the field of erosion and sediment control shall be required.

iii. Approval by the Conservation Commission and the Stakeholder Advisory Board; and

iv. Successful completion of the "Level 2 Trainer and Instructor Seminar."

(2) Application for Trainer/Instructor.

(a) Any person seeking the Conservation Commission's approval as a Trainer/Instructor to present the education courses should submit the appropriate completed application form to the Conservation Commission at least 60 days prior to the scheduled Trainer/Instructor course date. The application form developed by the Executive Director and approved by the Conservation Commission, must contain a verification of the appropriate combination of education and work experience and a signed certification statement confirming that all statements in the application are true.

(b) Incomplete applications will be returned to the applicant. All applications must be received by the Conservation Commission, postmarked at least 60 days prior to the scheduled course date.

(c) All applications will be reviewed by the Conservation Commission to determine eligibility for course attendance and as a prerequisite for approval as a qualified trainer/instructor. All applicants will be notified of the result of the review within 30 days of the receipt of the application. Any applicant may appeal the review in writing to the Conservation Commission Board within 10 days of the Conservation Commission's determination. No applicant will be approved to attend the course unless all the requirements are satisfied.

(d) Applicants, who have been found ineligible to attend the course, may request further consideration by submitting a letter to the Conservation Commission Board with the necessary evidence of additional considerations.

(3) Trainer/Instructor Course Attendance and Examination.

(a) Any qualified individual, who meets the "Eligibility Requirements" in Section 600-8-1-.05(1), may attend the Trainer/Instructor course and take the examination for approved trainer/instructor.

(b) An individual, who is unable to attend the course and take the examination at the time scheduled, shall notify the Conservation Commission at least 48 hours prior to the date of the course if possible. Such individual shall be rescheduled for the next course and examination.

(c) An applicant who attends the course but fails the examination will be allowed to retake the appropriate exam within one year. After the one-year period has elapsed, an applicant will be required to submit a new application in order to take the examination. An application for course attendance must be received by the Conservation Commission at least 60 days prior to the scheduled course date to be eligible to attend the course and take the examination.

(d) A minimum passing score of 85% will be required on the examination.

(e) All applicants will be notified in writing within 60 days of the results of the examinations.

(4) Course Procedures.

(a) All approved trainers/instructors must provide schedules with corresponding agendas and materials to the Conservation Commission at least 30 days prior to the date of the courses and the course agendas and materials must be followed in strict adherence to the one adopted by the Conservation Commission. Instructors must provide the maximum number of attendees to the Conservation Commission 30 days prior to the date of the course.

(b) The Conservation Commission will conduct random audits to ensure approved trainers/instructors are following approved course curriculum and approved proctors are present and conducting examinations as instructed.

(5) Revocation of Trainer/Instructor Status.

(a) The Conservation Commission may revoke its certification of the trainer/instructor upon a finding by a majority of the Conservation Commission that any of the following grounds exist:
i. The certification was obtained through fraud, misrepresentation, or making a false statement; or

ii. The certified person has violated or cooperated with others in violating a provision of these regulations; or

iii. The certified person has not demonstrated reasonable care, judgment, or application of his/her knowledge and ability in the performance of his/her duties; or

iv. The certified person has made any misleading, deceptive, untrue or fraudulent representation in the course of the practice of a business or profession involving any certification under this Chapter; or

v. The certified person has not obtained the requisite number of continuing education credits required to maintain certification; or

vi. The certified person has engaged in any unprofessional, immoral, unethical, deceptive or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the certified person to practice a business or profession involving the certification under this Chapter; or

vii. The certified person knowingly performs any act which in any way aids, assists, procures, advises or encourages any uncertified person under this Chapter to practice a business or profession involving certification under this Chapter; or

viii. The certified person has been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; or

ix. The certified person has displayed an inability to practice a business or profession involving certification under this Chapter with reasonable skill and safety to the public or has been unable to perform such business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of substance.

(b) If the Conservation Commission determines that revocation of a person's certification is to be considered, the Conservation Commission shall notify such person of the date and time that the Conservation Commission will consider the revocation and the reason(s) for the determination.

(c) Upon receiving notification that a certification is to be considered for revocation, a person shall be entitled to appear before the Conservation Commission in a duly called meeting to explain the circumstances surrounding such proposed revocation and the Conservation Commission in its sole discretion, may determine whether a certification is to be revoked upon the affirmative vote of a majority the members of the Conservation Commission.

O.C.G.A. Secs. 2-6-27, 12-7-19.

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