309 CMR 3.04
Examination
(1) Frequency and Scheduling. The Board shall administer a licensing examination at least
once per year. Examinations shall be held at places and times set by the Board or its designee
as directed by the Board.
(2)
Examination Format/Content. Examinations shall be comprised of multiple choice
questions and shall test the applicant's overall regulatory understanding and overall technical
understanding. Overall technical understanding means an understanding of basic concepts and
methods in those scientific and technical fields related to assessment, containment and removal
actions sufficient to render competent waste site cleanup activity opinions. Overall regulatory
understanding means an understanding of 309 CMR, 310 CMR 40.0000: Massachusetts
Contingency Plan, and related written policies and other environmental regulations sufficient to
render competent waste site cleanup activity opinions.
(3) Initial Eligibility. An applicant may not take an examination unless the applicant has been
deemed eligible for the examination pursuant to 309 CMR 3.03.
(4)
Examination Fee. An applicant may take an examination only if the applicable
examination fee established by the Secretary of Administration and Finance pursuant to
M.G.L. c. 7, § 3B, and published in 801 CMR 4.00: Rates has been paid. Payment shall be made
in full by electronic payment, check or money order payable to the Commonwealth of
Massachusetts or to the Board's designated examination contractor, as specified by the Board.
The examination fee is nonrefundable, except in the following circumstances: An applicant
whose failure to appear for the examination is found by the Board to be due to circumstances
beyond the applicant's reasonable control shall receive a refund or may request that the
application be held open until the applicant can take a subsequent examination that occurs within
two years of the date the Board voted to approve the applicant's written application.
(5) Examination Procedures and Rules.
(a) The Board will require each examinee to present some form of identification containing
a photograph of the applicant. The examinee may present:
1. a current motor vehicle operator's license or other government-issued identification
document;
2. a passport; or
3. any other form of official identification that has been approved by the Board at the
applicant's request prior to the examination.
(b) Unless the Board specifically permits examinees to bring equipment and materials to
a given examination, examinees shall not be allowed to bring any books, notes, memoranda,
scratch paper, computers or other equipment or materials into the examination room with the
following exceptions:
1. Examinees may bring and utilize non-programmable calculators.
2. Examinees with disabilities shall be permitted to bring and utilize other equipment
and/or materials when the use of said equipment and/or materials is either required by
law or specifically permitted by the Board at the request of the examinees.
(c) The following examination rules shall be in effect during the examination, and violation
of any rule shall be considered grounds for disqualification of the applicant:
1. Examinees shall not copy examination questions or make notes relative thereto.
2. Examinees shall not discuss the examination with anyone other than a proctor.
3. Examinees shall not read or copy the answers of any other examinee and shall not
permit their own answers to be read or copied.
4. Examinees shall not remove copies of the examination from the examination room
before, during or after the examination.
5. Upon completing the examination, examinees shall not leave the examination room
with anything except those items they brought into the room. All notes, scratch paper,
and calculation sheets must be turned in to the proctors along with the examination and
answer sheets.
(6) Passing Score. Each time the examination is administered, the Board will establish the
passing score. The Board shall establish that score based on its determination of the score that
should be obtained by an individual who has the level of technical and regulatory knowledge that
would reasonably be expected by an otherwise qualified applicant with five years of relevant
professional experience.
(7) Examination Results. The examinations shall be graded by the Board or its designees. The
results of the examination shall be sent by regular or electronic mail to each applicant.
Examination papers will not be returned to the applicant.
(8) Reapplication for Examination. Applicants who fail to achieve a passing score on the
examination may take a subsequent examination subject to the following procedures.
(a) Upon receipt by the Board of the following items, an applicant shall be allowed to take
a subsequent examination that is scheduled to occur on a date not less than 90 days after the
applicant last took an examination and not more than two years after the date the Board voted
to approve that applicant's written application:
1. a written notice stating the applicant's intention to take the subsequent examination;
and
2. the examination fee described in 309 CMR 3.04(4).
(b) Applicants who seek to take a subsequent examination that is scheduled for a date that
is greater than two years after the date the Board last voted to approve that applicant's written
application must reapply to be deemed eligible to take the examination by submitting the
following:
1. a limited licensure application in a form approved by the Board; and
2. the full application fee described in 309 CMR 2.08: Application Fee.
3. Each of these applicants must meet the eligibility requirements existing at that time
for initial applicants. Each shall demonstrate in the limited licensure application that at
least three years of the applicant’s relevant professional experience occurred within five
years prior to submission of the limited licensure application.