Code of Massachusetts Regulations
309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Title 309 CMR 3.00 - Licensing Of Licensed Site Professionals
Section 3.04 - Examination

Universal Citation: 309 MA Code of Regs 309.3

Current through Register 1531, September 27, 2024

(1) Frequency and Scheduling. The Board shall administer a licensing examination at least once per year. Examinations shall be held at places and times set by the Board or its designee as directed by the Board.

(2) Examination Format/Content. Examinations shall be comprised of multiple choice questions and shall test the applicant's overall regulatory understanding and overall technical understanding. Overall technical understanding means an understanding of basic concepts and methods in those scientific and technical fields related to assessment, containment and removal actions sufficient to render competent waste site cleanup activity opinions. Overall regulatory understanding means an understanding of 309 CMR, 310 CMR 40.0000, and related written policies and other environmental regulations sufficient to render competent waste site cleanup activity opinions.

(3) Initial Eligibility. An applicant may not take an examination unless he or she has been deemed eligible for the examination pursuant to 309 CMR 3.03.

(4) Examination Fee. An applicant may take an examination only if the applicable examination fee established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, and published in 801 CMR 4.00 has been paid. Payment shall be made in full by check or money order payable to the Commonwealth of Massachusetts or to the Board's designated examination contractor, as specified by the Board. The examination fee is non-refundable, except in the following circumstances: An applicant whose failure to appear for the examination is found by the Board to be due to circumstances beyond his or her reasonable control shall receive a refund or may request that his or her application be held open until he or she can take a subsequent examination that occurs within two years of the date the Board voted to approve the applicant's written application.

(5) Examination Procedures and Rules.

(a) The Board will require each examinee to present some form of identification containing a photograph of the applicant. The examinee may present:
1. a current motor vehicle operator's license or other government-issued identification document;

2. a passport; or

3. any other form of official identification that has been approved by the Board at the applicant's request prior to the examination.

(b) Unless the Board specifically permits examinees to bring equipment and materials to a given examination, examinees shall not be allowed to bring any books, notes, memoranda, scratch paper, computers or other equipment or materials into the examination room with the following exceptions:
1. Examinees may bring and utilize non-programmable calculators.

2. Examinees with disabilities shall be permitted to bring and utilize other equipment and/or materials when the use of said equipment and/or materials is either required by law or specifically permitted by the Board at the request of the examinees.

(c) The following examination rules shall be in effect during the examination, and violation of any rule shall be considered grounds for disqualification of the applicant:
1. Examinees shall not copy examination questions or make notes relative thereto.

2. Examinees shall not discuss the examination with anyone other than a proctor.

3. Examinees shall not read or copy the answers of any other examinee and shall not permit their own answers to be read or copied.

4. Examinees shall not remove copies of the examination from the examination room before, during or after the examination.

5. Upon completing the examination, examinees shall not leave the examination room with anything except those items they brought into the room. All notes, scratch paper, and calculation sheets must be turned in to the proctors along with the examination and answer sheets.

(6) Passing Score. Each time the examination is administered, the Board will establish the passing score. The Board shall establish that score based on its determination of the score that should be obtained by an individual who has the level of technical and regulatory knowledge that would reasonably be expected by an otherwise qualified applicant with five years of relevant professional experience.

(7) Examination Results. The examinations shall be graded by the Board or its designees. The results of the examination shall be mailed to each applicant. Examination papers will not be returned to the applicant.

(8) Exam Review and Challenges. Each applicant who takes an exam but does not pass will be given an opportunity to review the questions he or she answered incorrectly. The Board's exam contractor may charge the applicant a fee approved by the Board for facilitating this review. Each applicant who does not pass may also challenge one or more exam questions for which his or her answer was marked incorrect. Each challenge must be submitted in writing at the time of the review session or within ten days thereafter and must state all the reasons why the answer marked by the applicant is the best answer or, alternatively, why the answer marked is equally correct along with the nominal correct answer. The Board's exam contractor may charge the applicant an additional fee approved by the Board for each challenge filed. All challenges will be reviewed by a group of technical advisors selected by the Board.

(9) Reapplication for Examination. Applicants who fail to achieve a passing score on the examination may take a subsequent examination subject to the following procedures.

(a) Upon receipt by the Board of the following items, an applicant shall be allowed to take a subsequent examination that is scheduled to occur on a date not less than 90 days after the applicant last took an examination and not more than two years after the date the Board voted to approve that applicant's written application:
1. a letter stating the applicant's intention to take the subsequent examination; and

2. the examination fee described in 309 CMR 3.04(4).

(b) Applicants who seek to take a subsequent examination that is scheduled for a date that is greater than two years after the date the Board last voted to approve that applicant's written application must reapply to be deemed eligible to take the examination by submitting the following:
1. a limited licensure application in a form approved by the Board; and

2. the full application fee described in 309 CMR 2.08.

3. Each of these applicants must meet the eligibility requirements existing at that time for initial applicants. Each shall demonstrate in the limited licensure application that at least three years of his or her relevant professional experience occurred within five years prior to submission of the limited licensure application.

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