06- 481 C.M.R. ch. 3, § 3 - Initial Examination

A. Written Examination. All applicants for certification as underground oil tank installers, except those for whom the written test has been substituted by an oral examination pursuant to subsection (B) of this section, shall pass a written examination testing the applicant's knowledge of the requirements of 38 M.R.S. Section 561 , et seq., any rules promulgated thereunder by the Board of Environmental Protection concerning the installation and removal of underground oil storage tanks, any relevant rules promulgated by the U.S. Environmental Protection Agency covering installation and removal of underground oil storage tanks, the practical skills relating to underground oil storage tank installation and removal, and other subjects as the Board requires to determine the applicant's fitness to practice. Written examinations shall consist of one hundred (100) multiple-choice questions approved by the Board. Scores of 80% or higher shall be considered passing. Written examinations shall be given at least twice each year at such places as the Board determines, and supervised by one or more of the following: a member of the Board, a member of the staff, or a certified employee of the Department. All persons submitting completed applications since the date of the previous written examination shall be notified by mail at least fourteen (14) days in advance of the time and place of the examination. A person who fails the written examination may apply for re-examination upon payment of the prescribed fee stated in section 2 of this chapter. The Board shall also establish a packet of materials to assist applicants in studying for the written examination. Such packets shall be furnished to applicants upon request.

B. Oral Examination. Only applicants who demonstrate to the Board that the written examination would not provide an equitable test of their underground oil storage tank installation knowledge can take the oral examination. The circumstances under which the Board will consider substituting an oral examination for the written examination include but are not limited to physical disability or where English is not the applicant's first language. Such oral examination will test the applicant's knowledge of the requirements of 38 M.R.S. Section 561 , et seq., any rules promulgated thereunder by the Board of Environmental Protection concerning the installation and removal of underground oil storage tanks, any relevant rules promulgated by the U.S. Environmental Agency concerning installation and removal of underground oil storage tanks, the practical skills relating to underground oil storage tank installation and removal, and other subjects as the Board requires to determine the applicant's fitness to practice. Such examination shall be scheduled and located by mutual consent between the qualified applicant and the Board. The oral examination shall be administered by at least one member of the Board. The test shall consist of one hundred (100) multiple-choice questions identical to those developed for the written examination (Subsection A of this section), and a score of 80% or better shall be considered passing. A person who fails the oral examination may apply for re-examination upon payment of the prescribed fee stated in section 2 of this chapter.

C. Scores; review. Applicants will be sent written notification by regular mail of their scores within ten (10) business days of their completion of the examination. At their request, applicants will be provided the opportunity to review the questions they answered incorrectly along with the correct answers. That review will be accomplished by appointment at the Board's offices. Examination questions may not be retained or copied by the applicant. No other person may review an applicant's examination.

Notes

06- 481 C.M.R. ch. 3, § 3