Chapter 02. Licensing Procedures and Fees
Regulation .01 Application Procedure.LinkCopy Citation
A.
A person applying for a license or certificate of eligibility shall:
(1)
Submit the appropriate application in writing on a form provided by the Board;
(2)
Pay the application fee established by Regulation .09 of this chapter;
(3)
Have official transcripts of all baccalaureate and post-baccalaureate studies submitted in accordance with §B of this regulation; and
(4)
Have verification of previous experience, if applicable, submitted in accordance with §C of this regulation.
B.
Transcripts.
(1)
Official transcripts of all baccalaureate and post-baccalaureate studies shall be submitted directly to the Board from the appropriate educational institutions.
(2)
If official transcripts are not available, the Board may accept other evidence certifying successful completion of course work considered equivalent by the Board.
(3)
A graduate of an educational institution that is not an accredited college or university shall provide written documentation from an evaluation service, or other source acceptable to the Board, which:
(a)
States that the institution's program of study is substantially equivalent to that of accredited colleges or universities; and
(b)
Shows that the course work completed by the applicant satisfies the requirements of COMAR 26.07.01.03B.
C.
An applicant for a license who claims experience as an environmental sanitarian shall have three reference letters submitted directly to the Board from the applicant's current or former employers or supervisors describing the nature and duration of the applicant's experience.
Regulation .02 Incomplete Application.LinkCopy Citation
A.
The Board may not take any action on an incomplete application.
B.
An application is not complete until all required material, including the fee and supporting documentation, has been received by the Board.
C.
An incomplete application shall be held for 1 year from the date of initial receipt, after which the application is invalid.
Regulation .03 Action on an Application.LinkCopy Citation
A.
Notification to Applicant. Following its review of the application, the Board shall notify the applicant in writing that the applicant:
(1)
Qualifies for a license under COMAR 26.07.01.03 or .04;
(2)
Qualifies for examination or a certificate of eligibility under COMAR 26.07.01.03;
(3)
Does not qualify to receive a license or a certificate of eligibility, or to take the examination, for one or more of the reasons set forth in §C of this regulation; or
(4)
Shall provide the Board with additional information before the Board can complete its review of the application.
B.
Payment of License Fee.
(1)
Following notification of license approval, the applicant shall pay to the Board the licensing fee established in Regulation .09 of this chapter.
(2)
The license may not be issued until the fee is paid to the Board.
C.
Denial of an Application.
(1)
The Board shall deny an application if the Board determines that the applicant:
(a)
Has failed to demonstrate that the applicant qualifies for licensure, examination, or issuance of a certificate in accordance with §A(1) or (2) of this regulation; or
(b)
Has committed any act which, under COMAR 26.07.04.01, would subject the licensee to disciplinary action by the Board.
(2)
If the Board denies an application, the Board shall:
(a)
Notify the applicant by certified mail of the reasons for denial;
(b)
Advise the applicant of the procedures for reconsideration under §D of this regulation if the application was denied under §C(1)(a) of this regulation; and
(c)
Follow the procedures set forth in COMAR 26.07.04 if the application was denied under §C(1)(b) of this regulation.
D.
Reconsideration.
(1)
If the Board denies an application for licensure under Regulation .03C(1)(a) of this chapter, or denies an application to renew a license under Regulation .06 of this chapter, the applicant may request reconsideration of the denial by submitting new or additional information to the Board.
(2)
Requests for reconsideration under §D(1) of this regulation shall be based upon one or more of the following grounds:
(a)
Clerical errors in the minutes, decisions, or other parts of the record related to the denial;
(b)
Mistake of fact or law by the Board;
(c)
Irregularity in the administrative proceedings related to, or in the consideration of, the application;
(d)
Newly discovered or additional evidence that the applicant could not have discovered by due diligence in time to be considered as part of the initial denial.
(3)
Requests for reconsideration shall be submitted to the Board in writing by certified mail within 30 days of receipt of the denial under §C of this regulation.
Regulation .04 Examination.LinkCopy Citation
A.
The Board shall offer written examinations at least three times a year.
B.
The examination shall be standardized and prepared by a recognized examination service.
C.
The passing score for the examination is 70 percent.
D.
An applicant who has not previously taken the written examination is permitted to sit for an examination if the applicant has:
(1)
Met the education and experience requirements set forth in COMAR 26.07.01.03;
(2)
Submitted an application for examination to the Board at least 21 days before the examination date; and
(3)
Paid an examination fee as established by Regulation .09E of this chapter.
E.
Except as provided in §F of this regulation, an applicant who fails the examination may apply for reexamination if the applicant submits an application in accordance with §D(2) and (3) of this regulation.
F.
An applicant who has failed the examination three times is not permitted to sit for reexamination unless the applicant has:
(1)
Completed additional training in accordance with a plan approved by the Board; and
(2)
Submitted an application for examination in accordance with §D(2) and (3) of this regulation.
Regulation .05 Certificates.LinkCopy Citation
A.
Certificate of Eligibility for Obtaining Employment.
(1)
The Board shall issue a certificate of eligibility for obtaining employment to an applicant who:
(a)
Meets the educational requirements set forth in COMAR 26.07.01.03;
(b)
Has submitted an application in accordance with Regulation .01 of this chapter;
(c)
Is not currently practicing as an environmental sanitarian in Maryland; and
(d)
Has not previously completed a sanitarian-in-training program under a sanitarian-in-training certificate or a certificate of eligibility for supervised training from the Board.
(2)
The certificate of eligibility for obtaining employment shall expire 12 months after the issuance date, and may be renewed at 12-month increments if the certificate holder:
(a)
Submits a request for renewal on a form provided by the Board; and
(b)
Forwards the form to the Board together with the renewal fee established by Regulation .09 of this chapter.
B.
Sanitarian-In-Training Certificates.
(1)
The Board shall issue a sanitarian-in-training certificate to an applicant who has been employed to practice as an environmental sanitarian under a certificate of eligibility for obtaining employment issued by the Board, if the applicant:
(a)
Has returned a completed certificate of eligibility for obtaining employment to the Board;
(b)
Is participating in a sanitarian-in-training program approved by the Board.
(2)
The sanitarian-in-training certificate shall expire 36 months after its effective date unless the expiration date has been extended in writing by the Board in accordance with §D(3) of this regulation.
C.
Active Certificates of Eligibility for Supervised Training.
(1)
The Board shall replace a certificate of eligibility for supervised training with a sanitarian-in-training certificate if:
(a)
The certificate of eligibility for supervised training expires after the effective date of these regulations; and
(b)
The certificate holder is employed to practice as an environmental sanitarian.
(2)
A sanitarian-in-training certificate issued under §C(1) of this regulation expires 36 months after the date that the certificate holder began the period of supervised training.
D.
Expired Certificates of Eligibility for Supervised Training.
(1)
The Board shall issue a sanitarian-in-training certificate to an individual who holds a certificate of eligibility for supervised training that expired before the effective date of these regulations if the certificate holder:
(a)
Is employed to practice as an environmental sanitarian; and
(b)
Applies to the Board on a form supplied by the Board.
(2)
A sanitarian-in-training certificate issued under §D(1) of this regulation expires 12 months after its issuance date.
(3)
Upon a written request from the holder of a sanitarian-in-training certificate, the Board may extend a sanitarian-in-training certificate for up to 6 months due to physical incapacitation of the sanitarian-in-training or for other reasons acceptable to the Board.
(4)
If the holder of a sanitarian-in-training certificate is employed on a seasonal basis, the Board, upon written request from the holder of the sanitarian-in-training certificate, may extend the certificate for the number of months necessary to complete the sanitarian-in-training program under COMAR 26.07.01.05.
Regulation .06 Renewal of Licenses.LinkCopy Citation
A.
Conditions for License Renewal.
(1)
The Board shall renew a license for a 2-year period if the licensee has:
(a)
Submitted an application for renewal to the Board before the expiration date of the license;
(b)
Paid the renewal fee established by Regulation .09 of this chapter;
(c)
Submitted satisfactory proof to the Board that the licensee has completed at least 20 clock hours of Board-approved training obtained during the 2-year period before the license expiration date; and
(d)
Not committed any act which, under COMAR 26.07.04.01, would subject the licensee to disciplinary action by the Board.
(2)
The Board may deny the application to renew a license if the applicant has failed to satisfy the requirements of §A(1) of this regulation.
B.
Renewal Notification.
(1)
Before the expiration of a license, the Board shall notify the licensee of the need to renew the license.
(2)
The failure of a licensee to receive a renewal notice does not relieve the licensee of the obligation to renew the license and does not affect the expiration of the license.
C.
Late Renewal. A license holder may apply for late renewal of a license by submitting the following to the Board within 30 days after the expiration date of the license:
(1)
A written request for renewal on a form provided by the Board;
(2)
Documentation that the applicant has satisfied the training requirement set forth in §A of this regulation; and
(3)
Payment of the license renewal fee and the late renewal fee established by Regulation .09 of this chapter.
Regulation .07 Duplicate License.LinkCopy Citation
A licensee may obtain a duplicate license to replace a license that has been lost, destroyed, or mutilated if the licensee:
A.
Makes a written request to the Board that states the reason for requesting a duplicate license; and
B.
Pays to the Board the duplicate license fee established by Regulation .09 of this chapter.
Regulation .08 Reinstatement.LinkCopy Citation
The Board shall reinstate the license of an environmental sanitarian who has failed to renew the license for any reason, if the environmental sanitarian:
A.
Applies for reinstatement;
B.
Demonstrates that the environmental sanitarian has completed at least 10 clock hours of Board-approved training for each year since the individual's license was last renewed;
C.
Pays to the Board:
(1)
All lapsed renewal fees, and
(2)
The reinstatement fee established by Regulation .09 of this chapter; and
D.
Has not committed any act which, under COMAR 26.07.04.01, would subject the applicant to disciplinary action by the Board.
Regulation .09 Payment of Fees.LinkCopy Citation
A.
Payment of fees under this regulation shall be in the form of a personal check, cashier's check, or money order, made payable to the Board of Environmental Sanitarians.
B.
Fees shall accompany the completed application form for certificate issuance, examination, license issuance, license renewal, late license renewal, or license reinstatement.
C.
All fees are nonrefundable.
D.
The examination fee is the cost as established by the examination service.
E.
The following fees apply:
(1)
Application for license or certificate of eligibility for obtaining employment ... $50;
(2)
12-month renewal of certificate of eligibility for obtaining employment ... $25;
(3)
Application for licensure by reciprocity ... $50;
(4)
License approval and issuance ... $50;
(5)
Biennial license renewal ... $100;
(6)
Late renewal of biennial license (in addition to required license renewal fee) ... $50;
(7)
Reinstatement of license (in addition to required license renewal fee) ... $100;
(8)
Returned check charge (plus bank charges) ... $25;
(9)
Replacement of license ... $25;
(10)
Examination score verification ... $25;
(11)
Copy of roster of current license holders ... $25.
Chapter annotations
Authority: Environment Article, §§11-101, 11-205, 11-305, 11-307, 11-309, 11-314, and 11-315, Annotated Code of Maryland
History: Effective date: September 8, 1986 (13:18 Md. R. 2021)
History: Chapter recodified from COMAR 10.55.02 to COMAR 26.07.02
History: Regulation .01B amended effective October 15, 1990 (17:20 Md. R. 2431)
History: Regulation .02E amended effective October 15, 1990 (17:20 Md. R. 2431)
History: Regulation .03D amended effective October 15, 1990 (17:20 Md. R. 2431)
History: Regulation .04C and D amended effective October 15, 1990 (17:20 Md. R. 2431)
History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2431)
History: Regulations .01—.10 repealed and new Regulations .01—.09 adopted effective January 1, 1997 (23:26 Md. R. 1861)
History: Regulation .05D adopted effective June 19, 2006 (33:12 Md. R. 998)