Except as otherwise provided in this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified by the Board in an appropriate classification before a waterworks, wastewater works, or industrial wastewater works may employ the individual as: A superintendent; or An operator or industrial operator in a job function determined by the Secretary. This section does not prevent a governmental agency or a person from continuing to employ in a waterworks, wastewater works, or industrial wastewater works, until July 2, 1982, an operator or industrial operator who is not certified under this title.

The Secretary shall adopt rules and regulations for the qualifications of applicants. To qualify for certification, the applicant shall meet the education and experience requirements that the Secretary sets by rule or regulation under this section. Except as otherwise provided in this title or the rules and regulations adopted under this title, the applicant shall pass an examination given by the Board under this subtitle.

To apply for certification, an applicant shall submit an application to the Board on the form that the Board requires. The Secretary shall adopt rules and regulations as to application procedures.

The Secretary shall adopt rules and regulations for the examination of applicants. An applicant who otherwise qualifies for certification is entitled to be examined as provided in this section. The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. Subject to subsection (a) of this section, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

The Board shall certify any applicant who meets the requirements of this title and of any applicable rule or regulation adopted under this title. The Board may issue a temporary certification to any applicant who lacks the experience or the education that is acceptable to the Board for certification, if the applicant: Applies for certification under § 12–303 of this subtitle; and Complies with any applicable rule or regulation adopted under this title for this purpose.

Except as otherwise provided in this section, certification authorizes a waterworks, wastewater works, or industrial wastewater works to employ the certified individual as an operator, industrial operator, or superintendent in an appropriate job classification. Certification as an operator authorizes the operator to perform tasks assigned by a certified superintendent, if an operator is not prohibited from performing those tasks by the rules and regulations adopted under this title. The Secretary shall adopt rules and regulations to classify or certify superintendents, operators, and industrial operators to perform certain tasks in waterworks, wastewater works, and industrial wastewater works.

The Secretary shall adopt rules and regulations for the term and renewal of certifications.

Subject to the hearing provisions of § 12–309 of this subtitle, the Board may deny certification or temporary certification to any applicant, if the applicant: Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the applicant or for another; or Fraudulently or deceptively uses a certificate or temporary certificate. Subject to the hearing provisions of § 12–309 of this subtitle, the Board may reprimand any certificate holder, or suspend or revoke a certification or temporary certification, if: The certificate holder: Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the certificate holder or another; or Fraudulently or deceptively uses a certificate or temporary certificate; or The Board has any other reasonable cause for the action.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-308 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Except as provided in this section for an action under § 12-308 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may: Appeal the decision to the Board of Review; and Then take any further appeal allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 12-308 of this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal. The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.