Louisiana Revised Statutes 37:3154 – Board of Certification and Training; powers and duties; certificates; revocation and suspension
Terms Used In Louisiana Revised Statutes 37:3154
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Board of Certification and Training for solid waste disposal system operators. See Louisiana Revised Statutes 37:3151
- Certificate: means the document or documents issued by the board which attest to the competency of the operator. See Louisiana Revised Statutes 37:3151
- Certification: means the process or act whereby an operator meets the requirements for obtaining a certificate of competency. See Louisiana Revised Statutes 37:3151
- Commercial solid waste: means garbage, trash, and refuse generated by businesses involved in the exchange or distribution of goods or commodities, but does not include or mean recognizable industrial byproducts. See Louisiana Revised Statutes 37:3151
- Continuing training: means the process whereby a certified operator obtains required formal training in the area of solid waste management. See Louisiana Revised Statutes 37:3151
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Examination: means a written examination taken by applicants in order to measure their knowledge of solid waste management. See Louisiana Revised Statutes 37:3151
- Fraud: Intentional deception resulting in injury to another.
- Operator: means any person employed in responsible charge of operating all or a portion of a solid waste disposal system. See Louisiana Revised Statutes 37:3151
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Solid waste: means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities; but does not include or mean solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under La. See Louisiana Revised Statutes 37:3151
The Board of Certification and Training shall have the following powers and duties:
(1) To establish a certification program for operators of solid waste disposal facilities which accommodate residential and commercial solid waste.
(2) To develop policies related to certification and training of candidates to meet appropriate certification requirements.
(3) To establish standards and requirements for continuing training.
(4) To maintain records.
(5) To adopt rules of procedure and policies required in performing its obligations, adopted in conformity with the Louisiana Administrative Procedure Act.
(6) To certify operators for minimum competency based on adopted criteria.
(7) To recertify operators based upon the submission of satisfactory evidence of continuing training meeting the requirements and standards established by the board.
(8) To revoke an operator‘s certificate, if it determines that the operator has practiced fraud or deception, has been significantly negligent in applying reasonable care, judgment, knowledge, or ability in the performance of his duties, or has become incompetent or unable to perform his duties in a proper manner.
(9) To immediately suspend, upon submission of evidence of probable cause sufficient for revocation of certification, an operator’s certificate if such action is deemed necessary to protect the public health or the environment. Any operator whose certificate is so suspended shall be granted a hearing before the board within thirty days of such suspension. Any operator whose certificate has been revoked by the board may appeal in accordance with the Louisiana Administrative Procedure Act.
(10) To establish appropriate fees for examination, training, and certification to be paid by the applicant.
(11) To establish classes of certificates needed to adequately reflect the various types of solid waste management systems and facilities and to carry out the provisions of this Chapter.
Added by Acts 1983, No. 543, §1.