005.01 Type and Categories The examination for licenses is designed in accordance with Neb. Rev. Stat. § 46-1223. Applicants for licensure as a water well monitoring technician must successfully complete the examination sections described in 178 NAC 10-005.01 items 1 and 2. Applicants for licensure as a water well contractor, water well drilling supervisor, pump installation contractor, or pump installation supervisor must successfully complete the applicable examination sections described in 178 NAC 10-005.01 items 1 and 3. Applicants for licensure as a natural resources ground water technician must successfully complete the examination section described in 178 NAC 10-005.01 item 4. All examinations are written unless special hardship provisions apply, and consist of the following:
1. Section I, the "Nebraska Section", which examines the applicant's knowledge of Nebraska minimum standards for water wells and water well pumps and pumping equipment, the geological characteristics of the State of Nebraska, and the Act, rules and regulations adopted pursuant to the Act and other laws and regulations as may apply to groundwater and the water well industry.2. Section II, the water well monitoring category, which examines the applicant's knowledge in water sampling practices and techniques and measuring groundwater levels.3. Section III a. For applicants for licensure as a water well contractor or as a water well drilling supervisor, the special knowledge category consists of current drilling practices and techniques in general drilling and/or environmental drilling.b. For applicants for licensure as a pump installation contractor or supervisor, the special knowledge category consists of current pump installation practices and techniques.4. Section IV, the natural resources ground water technician category which examines the applicant's knowledge concerning the inspection of chemigation systems, measuring and recording static water levels, inspecting and servicing flow meters, and taking water samples.005.02 Examination Contents The Department with the approval of the Board may contract with examination development consultants, water well technical experts or other technical experts as deemed necessary to prepare the examinations and may assign a member or members of the Board to work with the consultants and technical experts to assure that the requirements of this rule and regulation are complied with. All persons holding a license under the Act, or any other persons involved in developing an exam are not allowed to take the exam for a period of 3 years after completion of the exam.
005.03 Passing Scores All applicants taking the examination must achieve a score of at least 70% on each required examination section(s) to successfully complete the examination requirements for licensure under the Act. When an applicant satisfactorily passes an examination section as herein required, the applicant need retake only those section(s) which have not yet been passed.
005.04 Board Representation at Examinations The Board must be represented at all examinations by 1 or more members of the Board or a Board approved proctor who will observe details of the examination and report to the Board.
005.05 Review Materials The Board must, to the extent possible, provide to each applicant for licensure a list of published or unpublished materials and the source of each which may be useful as teaching or review materials in preparation for the examination. The list must specify that materials listed thereon may not necessarily cover all matters tested.
005.06 When Required Examination is required for licensure under the Act for:
1. All applicants for initial regular licensure; and2. All applicants for reinstatement of licensesa. Whose license has been expired or on inactive status for a period of two or more years, orb. Who have not met the requirements for continuing competency each renewal period, orc. Who have been required to retake the examination as a condition of discipline.005.07 Special Arrangements 1.Administering Examination - Hardship Exceptions: In case of hardship, and with good and sufficient cause shown, the Board may provide for special arrangements for administering the examination which to the extent possible will accommodate the hardship without compromising the examination purposes. Hardships may include but not be limited to reading difficulties, physical skills limitations or absence from the state during regular examination dates. Accommodations may include special proctors or readers, oral examination, dictation of answers or non-resident proctor.2.Hardship Application: Any individual who believes s/he may have good and sufficient cause to request a hardship exemption may request the Board to review his/her petition for hardship ruling by submitting a written request which includes: a. A completed application for license;b. A written description of the hardship;c. A suggestion of the accommodation requested.3.Recommendation to Department: The Board reviews each hardship request submitted and approves or denies it. If the Board approves the request, it notifies and directs the Department to make the accommodation.005.08 When Not Required Upon a finding by the Board that a current licensed contractor has died and that business cannot function unless the applicant is issued a temporary contractor's license or upon a finding by the Board of other good cause and a recommendation by the Board that a temporary license should be issued without examination, the Department will issue a temporary license to the applicant who meets all other qualifications for the requested license.
10-005.08AHardship Licensing: The Board may upon application recommend that the Department grant a temporary hardship license without examination provided all other requirements are fulfilled by the applicant when the current licensed contractor has died or for other good documented cause.10-005.08BApplication: Any individual who believes s/he may have good and sufficient cause to request a temporary hardship license may request the Board to review his/her petition for a ruling by submitting a written request which includes: 1. A completed application for a license;2. A written description of the hardship.10-005.08CRecommendation to Department: The Board must review each such request submitted and must recommend approval or denial of the request to the Department to issue the temporary hardship license.005.09 Eligibility for Examination In order to be eligible to take the examination for licensure under the Act, an applicant must meet all qualifications necessary for the issuance of the appropriate license other than examination. Applicants for the examination required for reinstatement must meet all requirements for reinstatement of the license other than examination.
005.10 Time and Place of Examination The Department will hold examinations for licensure at least 4 times each year, with no less than 1 examination during each calendar quarter, in Lincoln, Nebraska, at the test sites the Department, with the advice of the Board, may determine.
10-005.10A If a regularly scheduled examination is canceled due to inclement weather or other cause, a new examination date will be scheduled and notice given to all eligible candidates.10-005.10B Special arrangements for administering examinations may be made by the Department upon recommendation by the Board in cases of hardship determined by the Board.005.11 Notice to Examinees Applicants eligible for examination will be provided with:
1. Notice of the date, time and place of the examination;2. An admission card or receipt and information on the requirements for admission to the examination site;3. Information on equipment or materials needed for the examination, if any;4. Information on the general format of the examination and tentative schedule of examination periods;5. At the request of the applicant, copies of Department regulations pertinent to the examination and Nebraska law covered in the examinations; and6. Other information pertinent to the conduct of the examination as the Board and Department may determine.005.12 Administration Examinations may be administered by representatives of the Department, Board members or their designated representatives, or a combination of the same. The identity of examinees must not be disclosed on the examination papers in such a way as to enable the examiner to know by whom it was written.
005.13 Examination Security Subject to the provisions of 178 NAC 10-005.14 and 10005.15, no applicant, license holder, or persons other than Department staff, Board members, or legal representatives or test experts consulting with the Department or Board, will be provided with advance copies of or access to examination questions, answers, or answer keys, with copies of past or proposed questions, answers or answer keys, or any information disclosing the content of or compromising the integrity of any examinations or portions of examinations under development, in use, or proposed to be used.
10-005.13A All examination materials must be kept under lock and key when not under review by Department staff, Board members, or Department legal counsel, or test consultants to the Department and Board, in use during an examination, or under review by an examinee or his/her legal representative in accordance with 178 NAC 10005.15, item 8.10-005.13B The Department must maintain a log of persons provided access to examination questions, answers, or other examination materials in a form as agreed between the Department and Board.10-005.13C Any applicant or license holder who subverts an examination may be subject to discipline under 178 NAC 10-009.005.14 Security Procedures During Examination Security procedures during the examination include but are not limited to:
1.Admission Identification: All examinees are required to show at least one piece of picture identification and an admissions card provided by the Department.2.Late Admissions: No late admissions to the examination room are allowed. Any time following commencement of verbal instructions by the proctor is considered late.3.Distribution of Materials: Examination books, sheets and/or answer sheets will be handed individually and directly to each examinee. Each examinee will receive only one examination book, sheet, and/or answer sheet.4.Examinations Instructions: The chief proctor will read verbatim the instructions for the examination and will not repeat them.5.Answering Questions: The proctors will not answer any questions concerning content during the examination. If an examinee thinks a test item is misprinted or incorrect, the examinee will be told to answer the question as it reads. The examinee will be assured that a report of this concern will be made before the examinations are scored.6.Leaving the Examination Room: Examinees may be permitted to go to the restroom unescorted one at a time. The proctor must hold the examinee's test book, sheet, and/or answer sheet during this absence. No additional testing time is allowed.7.Leaving the Examination Permanently: If an examinee must leave the examination because of an emergency or illness, the examinee's test book, sheet, and/or answer sheet will be collected. If an examinee finishes the examination early s/he may leave the examination room after all materials are collected; however, to ensure proper security of test materials, no examinee may leave the room during the last 10 minutes of the testing time.8.Permitted Materials: Examinees must have nothing on their work surface or area except the test book, sheet, and/or answer sheet, identification/admission card, and any materials or equipment needed to respond to exam questions.9.Taking the Examination: No examinee may work ahead or behind when the examination requires all examinees to work simultaneously on one section or part of the examination. Examinees must stop writing at the end of the session. No extra time will be allowed.10.Notes: No examinee may write notes concerning the examination nor may examinees remove pages from the test or leave the examination room with any materials held during the examination.11.Communications: Examinees must not communicate with anyone other than the proctor in any way after the examination questions have been distributed. No electronic communication devices are allowed.12.10-Minute Warning: A warning will be given when there are 10 minutes left in the examining session. 13.Observers: No persons are allowed in the examination room other than the examinees, Board members, Department staff, designated proctors, or their representatives administering the examination.14.Proctors: If more than one proctor is necessary for test administration, 1 proctor will be designated as chief proctor. The chief proctor has the authority and responsibility to assure that the examination is conducted under the conditions and procedures required by 178 NAC 10 with the assistance of the other proctors. 15.Disruptive Behavior: An examinee who exhibits behavior that disrupts or interferes with the testing conditions for other examinees and who fails to cease the behavior will be removed from the examination room after failure to comply with 1 warning.16.Irregular Behavior: An examinee who is suspected of giving, copying, or otherwise receiving unauthorized information about the contents of the examination will be immediately removed from the examination room and have his/her application for licensure returned as unaccepted.005.15 Access to Examinations All persons who take and fail examinations required under the Act and Department and Board regulations may review their own answers subject to the following conditions:
1. Review may take place only after results of the examination have been issued by the Department.2. Photographic identification is required.3. Review must take place in the offices of the Department during regular business hours.4. Review may take place only in the presence of a representative of the Department. A representative of the Board may also be present.5. The answer sheet may not be taken from the site designated for review.6. Answers may not be copied from the answer forms. Notes may be made but must be limited to the question number and any objections, challenges or questions concerning examination questions and answers. The Department will review notes and may confiscate them if, in the opinion of the representative, the notes are likely to compromise the integrity of the examination.7. No questions may be asked of or answered by the Department or Board representative during review concerning the examination or answers. Questions, objections, or challenges may be submitted to the Board in writing for its consideration.8. The examinee may have legal counsel present during review or authorize, in writing, legal counsel to review the examination and answer sheet in his/her absence. Review by counsel is subject to the same conditions and terms as those for the examinee.005.16 Discovery on Examinations During Appeals Unsuccessful examinees in the process of administrative appeal of the denial of a license for failure of the required examination may review their own answer sheets as set forth in 178 NAC 10-005.15 and the questions and model answers marked wrong or not given full credit on their answer sheets. No copies of examination materials are provided except upon order of the Director or a court of competent jurisdiction. If the number of wrong answers is so great that release of copies of the records will jeopardize the security of the examination, or if access to and/or copies of the questions is sought, the Director or a court of competent jurisdiction, on motion, may order disclosure of such records as are relevant under such conditions as are warranted in the circumstances. Conditions on records found by the Director to be subject to disclosure may include, but are not limited to:
1. Restrictions on who may possess the copies;2. Restriction on the number of copies thereto which may be made;3. Restriction on distribution of any copies provided;4. Restriction of the persons who may review the material or copies thereof, including limitations on the examinee;5. Procedures for maintaining security of the copies and for documenting or logging access provided;6. Security of the examination during hearing and further appeal; and/or7. Other measures as may be deemed necessary to ensure that security is maintained.005.17 Access to Other Examination Materials Any person may have access to public records concerning examinations and their development, or statistical information available, if any, relating to examination results.
005.18 Failure of Examination Failure of an examination required for licensure or reinstatement of a license results in denial of the application for the license or its reinstatement.
005.19 Retakes of Examinations An examinee who fails to pass an examination may, upon reapplication for licensure or for reinstatement retake the examination at any regularly scheduled examination.
178 Neb. Admin. Code, ch. 10, § 005