Current through September 17, 2024
005.01 Type and
Categories
The examination for licenses is designed in accordance with
Neb. Rev. Stat. §
46-1223.
Applicants for licensure as a water well monitoring technician must
successfully complete the examination sections described in 178 NAC 10-005.01
items 1 and 2. Applicants for licensure as a water well contractor, water well
drilling supervisor, pump installation contractor, or pump installation
supervisor must successfully complete the applicable examination sections
described in 178 NAC 10-005.01 items 1 and 3. Applicants for licensure as a
natural resources ground water technician must successfully complete the
examination section described in 178 NAC 10-005.01 item 4. All examinations are
written unless special hardship provisions apply, and consist of the
following:
1. Section I, the "Nebraska
Section", which examines the applicant's knowledge of Nebraska minimum
standards for water wells and water well pumps and pumping equipment, the
geological characteristics of the State of Nebraska, and the Act, rules and
regulations adopted pursuant to the Act and other laws and regulations as may
apply to groundwater and the water well industry.
2. Section II, the water well monitoring
category, which examines the applicant's knowledge in water sampling practices
and techniques and measuring groundwater levels.
3. Section III
a. For applicants for licensure as a water
well contractor or as a water well drilling supervisor, the special knowledge
category consists of current drilling practices and techniques in general
drilling and/or environmental drilling.
b. For applicants for licensure as a pump
installation contractor or supervisor, the special knowledge category consists
of current pump installation practices and techniques.
4. Section IV, the natural resources ground
water technician category which examines the applicant's knowledge concerning
the inspection of chemigation systems, measuring and recording static water
levels, inspecting and servicing flow meters, and taking water
samples.
005.02
Examination Contents
The Department with the approval of the Board may contract
with examination development consultants, water well technical experts or other
technical experts as deemed necessary to prepare the examinations and may
assign a member or members of the Board to work with the consultants and
technical experts to assure that the requirements of this rule and regulation
are complied with. All persons holding a license under the Act, or any other
persons involved in developing an exam are not allowed to take the exam for a
period of 3 years after completion of the exam.
005.03 Passing Scores
All applicants taking the examination must achieve a score of
at least 70% on each required examination section(s) to successfully complete
the examination requirements for licensure under the Act. When an applicant
satisfactorily passes an examination section as herein required, the applicant
need retake only those section(s) which have not yet been passed.
005.04 Board Representation at
Examinations
The Board must be represented at all examinations by 1 or
more members of the Board or a Board approved proctor who will observe details
of the examination and report to the Board.
005.05 Review Materials
The Board must, to the extent possible, provide to each
applicant for licensure a list of published or unpublished materials and the
source of each which may be useful as teaching or review materials in
preparation for the examination. The list must specify that materials listed
thereon may not necessarily cover all matters tested.
005.06 When Required
Examination is required for licensure under the Act
for:
1. All applicants for initial
regular licensure; and
2. All
applicants for reinstatement of licenses
a.
Whose license has been expired or on inactive status for a period of two or
more years, or
b. Who have not met
the requirements for continuing competency each renewal period, or
c. Who have been required to retake the
examination as a condition of discipline.
005.07 Special Arrangements
1.
Administering Examination -
Hardship Exceptions: In case of hardship, and with good and
sufficient cause shown, the Board may provide for special arrangements for
administering the examination which to the extent possible will accommodate the
hardship without compromising the examination purposes. Hardships may include
but not be limited to reading difficulties, physical skills limitations or
absence from the state during regular examination dates. Accommodations may
include special proctors or readers, oral examination, dictation of answers or
non-resident proctor.
2.
Hardship Application: Any individual who believes s/he
may have good and sufficient cause to request a hardship exemption may request
the Board to review his/her petition for hardship ruling by submitting a
written request which includes:
a. A
completed application for license;
b. A written description of the
hardship;
c. A suggestion of the
accommodation requested.
3.
Recommendation to
Department: The Board reviews each hardship request submitted and
approves or denies it. If the Board approves the request, it notifies and
directs the Department to make the accommodation.
005.08 When Not Required
Upon a finding by the Board that a current licensed
contractor has died and that business cannot function unless the applicant is
issued a temporary contractor's license or upon a finding by the Board of other
good cause and a recommendation by the Board that a temporary license should be
issued without examination, the Department will issue a temporary license to
the applicant who meets all other qualifications for the requested
license.
10-005.08A
Hardship Licensing: The Board may upon application
recommend that the Department grant a temporary hardship license without
examination provided all other requirements are fulfilled by the applicant when
the current licensed contractor has died or for other good documented
cause.
10-005.08B
Application: Any individual who believes s/he may have
good and sufficient cause to request a temporary hardship license may request
the Board to review his/her petition for a ruling by submitting a written
request which includes:
1. A completed
application for a license;
2. A
written description of the hardship.
10-005.08C
Recommendation to
Department: The Board must review each such request submitted and
must recommend approval or denial of the request to the Department to issue the
temporary hardship license.
005.09 Eligibility for Examination
In order to be eligible to take the examination for
licensure under the Act, an applicant must meet all qualifications necessary
for the issuance of the appropriate license other than examination. Applicants
for the examination required for reinstatement must meet all requirements for
reinstatement of the license other than examination.
005.10 Time and Place of Examination
The Department will hold examinations for licensure at least
4 times each year, with no less than 1 examination during each calendar
quarter, in Lincoln, Nebraska, at the test sites the Department, with the
advice of the Board, may determine.
10-005.10A If a regularly scheduled
examination is canceled due to inclement weather or other cause, a new
examination date will be scheduled and notice given to all eligible
candidates.
10-005.10B Special
arrangements for administering examinations may be made by the Department upon
recommendation by the Board in cases of hardship determined by the
Board.
005.11 Notice to
Examinees
Applicants eligible for examination will be provided with:
1. Notice of the date, time and place
of the examination;
2. An admission
card or receipt and information on the requirements for admission to the
examination site;
3. Information on
equipment or materials needed for the examination, if any;
4. Information on the general format of the
examination and tentative schedule of examination periods;
5. At the request of the applicant, copies of
Department regulations pertinent to the examination and Nebraska law covered in
the examinations; and
6. Other
information pertinent to the conduct of the examination as the Board and
Department may determine.
005.12 Administration
Examinations may be administered by representatives of the
Department, Board members or their designated representatives, or a combination
of the same. The identity of examinees must not be disclosed on the examination
papers in such a way as to enable the examiner to know by whom it was
written.
005.13 Examination
Security
Subject to the provisions of 178 NAC 10-005.14 and 10005.15,
no applicant, license holder, or persons other than Department staff, Board
members, or legal representatives or test experts consulting with the
Department or Board, will be provided with advance copies of or access to
examination questions, answers, or answer keys, with copies of past or proposed
questions, answers or answer keys, or any information disclosing the content of
or compromising the integrity of any examinations or portions of examinations
under development, in use, or proposed to be used.
10-005.13A All examination materials must be
kept under lock and key when not under review by Department staff, Board
members, or Department legal counsel, or test consultants to the Department and
Board, in use during an examination, or under review by an examinee or his/her
legal representative in accordance with 178 NAC 10005.15, item 8.
10-005.13B The Department must maintain a log
of persons provided access to examination questions, answers, or other
examination materials in a form as agreed between the Department and
Board.
10-005.13C Any applicant or
license holder who subverts an examination may be subject to discipline under
178 NAC
10-009.
005.14 Security Procedures During Examination
Security procedures during the examination include but are
not limited to:
1.
Admission Identification: All examinees are required
to show at least one piece of picture identification and an admissions card
provided by the Department.
2.
Late Admissions: No late admissions to the examination
room are allowed. Any time following commencement of verbal instructions by the
proctor is considered late.
3.
Distribution of Materials: Examination books, sheets
and/or answer sheets will be handed individually and directly to each examinee.
Each examinee will receive only one examination book, sheet, and/or answer
sheet.
4.
Examinations
Instructions: The chief proctor will read verbatim the
instructions for the examination and will not repeat them.
5.
Answering
Questions: The proctors will not answer any questions concerning
content during the examination. If an examinee thinks a test item is misprinted
or incorrect, the examinee will be told to answer the question as it reads. The
examinee will be assured that a report of this concern will be made before the
examinations are scored.
6.
Leaving the Examination Room: Examinees may be
permitted to go to the restroom unescorted one at a time. The proctor must hold
the examinee's test book, sheet, and/or answer sheet during this absence. No
additional testing time is allowed.
7.
Leaving the Examination
Permanently: If an examinee must leave the examination because of
an emergency or illness, the examinee's test book, sheet, and/or answer sheet
will be collected. If an examinee finishes the examination early s/he may leave
the examination room after all materials are collected; however, to ensure
proper security of test materials, no examinee may leave the room during the
last 10 minutes of the testing time.
8.
Permitted
Materials: Examinees must have nothing on their work surface or
area except the test book, sheet, and/or answer sheet, identification/admission
card, and any materials or equipment needed to respond to exam
questions.
9.
Taking
the Examination: No examinee may work ahead or behind when the
examination requires all examinees to work simultaneously on one section or
part of the examination. Examinees must stop writing at the end of the session.
No extra time will be allowed.
10.
Notes: No examinee may write notes concerning the
examination nor may examinees remove pages from the test or leave the
examination room with any materials held during the examination.
11.
Communications:
Examinees must not communicate with anyone other than the proctor in any way
after the examination questions have been distributed. No electronic
communication devices are allowed.
12.
10-Minute
Warning: A warning will be given when there are 10 minutes left in
the examining session.
13.
Observers: No persons are allowed in the examination
room other than the examinees, Board members, Department staff, designated
proctors, or their representatives administering the examination.
14.
Proctors: If
more than one proctor is necessary for test administration, 1 proctor will be
designated as chief proctor. The chief proctor has the authority and
responsibility to assure that the examination is conducted under the conditions
and procedures required by 178 NAC 10 with the assistance of the other
proctors.
15.
Disruptive Behavior: An examinee who exhibits behavior
that disrupts or interferes with the testing conditions for other examinees and
who fails to cease the behavior will be removed from the examination room after
failure to comply with 1 warning.
16.
Irregular
Behavior: An examinee who is suspected of giving, copying, or
otherwise receiving unauthorized information about the contents of the
examination will be immediately removed from the examination room and have
his/her application for licensure returned as unaccepted.
005.15 Access to Examinations
All persons who take and fail examinations required under
the Act and Department and Board regulations may review their own answers
subject to the following conditions:
1. Review may take place only after results
of the examination have been issued by the Department.
2. Photographic identification is
required.
3. Review must take place
in the offices of the Department during regular business hours.
4. Review may take place only in the presence
of a representative of the Department. A representative of the Board may also
be present.
5. The answer sheet may
not be taken from the site designated for review.
6. Answers may not be copied from the answer
forms. Notes may be made but must be limited to the question number and any
objections, challenges or questions concerning examination questions and
answers. The Department will review notes and may confiscate them if, in the
opinion of the representative, the notes are likely to compromise the integrity
of the examination.
7. No questions
may be asked of or answered by the Department or Board representative during
review concerning the examination or answers. Questions, objections, or
challenges may be submitted to the Board in writing for its
consideration.
8. The examinee may
have legal counsel present during review or authorize, in writing, legal
counsel to review the examination and answer sheet in his/her absence. Review
by counsel is subject to the same conditions and terms as those for the
examinee.
005.16
Discovery on Examinations During Appeals
Unsuccessful examinees in the process of administrative
appeal of the denial of a license for failure of the required examination may
review their own answer sheets as set forth in 178 NAC 10-005.15 and the
questions and model answers marked wrong or not given full credit on their
answer sheets. No copies of examination materials are provided except upon
order of the Director or a court of competent jurisdiction. If the number of
wrong answers is so great that release of copies of the records will jeopardize
the security of the examination, or if access to and/or copies of the questions
is sought, the Director or a court of competent jurisdiction, on motion, may
order disclosure of such records as are relevant under such conditions as are
warranted in the circumstances. Conditions on records found by the Director to
be subject to disclosure may include, but are not limited to:
1. Restrictions on who may possess the
copies;
2. Restriction on the
number of copies thereto which may be made;
3. Restriction on distribution of any copies
provided;
4. Restriction of the
persons who may review the material or copies thereof, including limitations on
the examinee;
5. Procedures for
maintaining security of the copies and for documenting or logging access
provided;
6. Security of the
examination during hearing and further appeal; and/or
7. Other measures as may be deemed necessary
to ensure that security is maintained.
005.17 Access to Other Examination Materials
Any person may have access to public records concerning
examinations and their development, or statistical information available, if
any, relating to examination results.
005.18 Failure of Examination
Failure of an examination required for licensure or
reinstatement of a license results in denial of the application for the license
or its reinstatement.
005.19 Retakes of Examinations
An examinee who fails to pass an examination may, upon
reapplication for licensure or for reinstatement retake the examination at any
regularly scheduled examination.