STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HINH VAN NGUYEN, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1238

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tampa, Florida, on August 3, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Mr. Hinh van Nguyen

445 11th Avenue North

St. Petersburg, Florida 33701

For Respondent: Daniel H. Thompson, Esquire

Assistant General Counsel

Department of Environmental Regulation 2600 Blair Stone Road

Tallahassee, Florida 32301

This matter arose on Petitioner's request for hearing on Respondent's denial of his application to take the Class B water treatment operator certification examination. Respondent submitted proposed findings of fact which are incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Mr. Robert W. Hall, Certification Officer for Respondent, reviewed the application. As indicated by Hall's testimony and notations on Petitioner's application, Respondent gave Petitioner credit for work and training experience in Vietnam, but determined that Petitioner was only qualified to be a Class C water treatment plant operator. Respondent certified Petitioner as a Class C operator on February 4, 1982.

   
   

2. Hall's testimony established that although Petitioner met Class B operator education and experience requirements, he had not taken or successfully completed an approved training course as described in Section 17-16.03(9), Florida Administrative Code (FAC). A list of approved training courses was introduced as Exhibit 3. The required length of time for the training course is

   120 hours, and courses are available in the vicinity of Petitioner's residence and by correspondence course.

   
   

3. In response to Hall's testimony, Petitioner stated that he had taken an equivalent course for four months in Vietnam, as indicated on the second page of his application to the Respondent. The application was, however, inconsistent with Petitioner's resume (Exhibit 2), which listed training from July, 1972 to August, 1972 at the National Water Supply Agency in Saigon, Vietnam. Furthermore, Petitioner presented no evidence, documentary or otherwise, to establish course content, the number of hours involved, or the certification, if any, granted.

   
   

4. Respondent also presented the testimony of Mr. William Johnson, Director of Public Utilities for the City of Saint Petersburg. Johnson is certified as a Class A water treatment plant operator, which is the highest level of certification. He has an extensive professional background in the area of water and wastewater treatment, and is involved in teaching and curriculum development in these areas at Hillsborough County Community College. He was a member of a task force established in 1975 when Respondent first implemented the above cited rule. The task force established various criteria and standards to be applied in developing curricula for water plant operator training courses, based upon accepted national practices.

   
   

5. Johnson's testimony established the distinction between Class C, B and A operators. A Class C operator is typically a line employee at a water treatment plant who is able to make repairs, but works at the direction of a supervisor. A Class B operator has sufficient managerial capabilities to manage a shift at a major treatment plant, and has extensive familiarity with the mechanics and engineering of the treatment plant processes. A Class A operator has additional theoretical knowledge as well as administrative and budgetary skills, and can take charge of a major water treatment plant.

   
   

   CONCLUSIONS OF LAW

   
   

6. Respondent's authority to require certification at various levels of water treatment plant operators is contained in Section 403.101, Florida Statutes, and implemented in Chapter 17-16, FAC.

   
   

7. Subsection 17-16.03(2) and (3), FAC, provides:

   
   

   1. For certification as a Class C Operator:

      1. Be at least eighteen years old.

      2. Document at least three (3) years of actual or recognized constructive experience as herein scheduled which shall include at least one (1) year actual experience in the operation, supervision, and maintenance of either a drinking water or domestic wastewater treatment plant, as appropriate.

      3. Document successful completion of

         an approved training course as specified in Section 17-16.03(9), Florida Administrative Code (FAC).

      4. Pass, to the satisfaction of the Department, an examination as provided for in Section 17-16.05, FAC.

   2. For certification as a Class B operator the applicant shall meet requirements (a), (c), and (d) as specified in (2) above, as well as:

      1. Document as least eight (8) years of actual or recognized constructive experience as herein scheduled which shall include at least two (2) years of actual experience in the operation, supervision, and maintenance of either a drinking water or domestic wastewater treatment plant, as appropriate.

         
         

8. Subsection 17-16.03(9), FAC, provides:

   
   

   (9) Applicants for C, B and A level certifications shall Successfully complete training approved by the Department at each level of certification (C, B and A drinking water or domestic wastewater treatment, as appropriate) prior to applying for certification. Documentation of course completion shall include the name and

   type of training institution, the number of classroom hours in the approved course, the level of training approved (C, B or A drinking water or domestic wastewater treatment) and the signature of the in structor who has evaluated the applicant's successful completion of the course. The

   Department shall publish a list of approved courses, to include correspondence courses, which satisfy this requirement.

   
   

9. Petitioner's records do not actually justify award of the Class C license which he has already obtained. However, Respondent was willing to waive the documentation of training for the Class C license, but resists doing so at this higher level.

   
   

10. Rule 28-6.08(3), FAC, provides:

    
    

    Any hearing on the denial of a license shall be conducted in accordance with Section 120.57, and unless otherwise

    provided by law the applicant shall have the burden of establishing entitlement to the license.

    
    

11. Petitioner has not established his entitlement to the license sought. Thus, he must either produce documentation establishing his qualifications or complete the Class B license training course required by Respondent.

RECOMMENDATION

From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent enter a Final Order denying the petition. DONE and ENTERED this 31st day of August, 1982, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1982.

COPIES FURNISHED:

Mr. Hinh van Nguyen

445 11th Avenue North

St. Petersburg, Florida 33701

Daniel H. Thompson, Esquire Assistant General Counsel Department of Environmental

Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Victoria Tschinkel, Secretary Department of Environmental

Regulation Twin Towers

2600 Blair Stone Road Tallahassee, Florida 32301

Docket for Case No: 82-001238

Orders for Case No: 82-001238