NEIL FUNSTON DATED 21 JANUARY 2022 8:41PM

 

January 21,  2022

Neal Funston

Staff Services Manager I

Wastewater Operator Certification

Division of Financial Assistance

neal.funston@waterboards.ca.gov

State Water Resources Control Board

SUBJECT : MULTIPLE VIOLATIONS OF THE REGULATIONS BY THE OOC

Dear Mr. Funston,

Good morning.

According to your letter dated June 29, 2021 paragraph 3  sentence 3 AND I quote:

"The Office of Operator Certification reviewed your examination application in accordance with the regulatory requirements in effect at the time of your examination application."

THIS STATEMENT IS OUTRAGEOUSLY REPREHENSIBLE FOR BEING CONTRARY TO THE REAL FACTS ON THE GROUND SHOWING MULTIPLE VIOLATIONS OF THEIR OWN REGULATION BY THE  OOC.

Next is paragraph 4 of your letter and see sentence 3.

DISCUSSION:

The Office of Operator Certification wanted to cover their illicit actions with a cloak of legitimacy  impressed upon me that they reviewed my examination application in accordance with the regulatory requirements in effect at the time of my examination application. But the truth is they did not. In fact they  ignored adhering to the regulations during those times and violated it quadruple times.

First the OOC committed 2 counts of violation on the regulation pertaining to :

(d) Notice -(See screenshot below) The division shall notify applicants in writing within 30 calendar days of receipt of an application whether it is complete or deficient. If there is a deficiency, the division shall identify the deficiency and inform the applicant in writing of the specific information required. 

The OOC having reviewed my application pertaining to certification and upon having found that my application for certification was deficient the OOC issued an instant denial of my application for certification disregarding the regulation pertaining to "Notice". They acted on the application for certification without giving a chance for a "Notice".

Then the OOC re-evaluated the same application for certification as an application for examination and decided to deny the application for examination although I have not applied for it yet. Again, the OOC violated the regulation pertaining to "Notice".

It is clearly stated in the regulation that upon identifying a deficiency the OOC shall inform me in writing of the specific information required within 30 days. The OOC did not notify me. They did not satisfy the requirement of "Notice" a couple of times. Instead they decided to deny my application immediately without notifying me of the deficiency ahead of time.

Second the OOC committed 2 counts of  violation of the regulation pertaining to:

(e) Deficient applications -(see screenshot below) Applications which do not contain proof of completion of education requirements and the correct application and examination fees shall be considered deficient applications. Deficient applications shall not be processed for the current examination. The applicant shall be required to reapply to take a subsequent examination. 

The OOC having reviewed my application for certification and upon determining in their own personal judgment that my application did not contain proof of completion of educational and training  requirements and are therefore considered deficient applications. But the OCC processed it instantly without giving me a chance to correct the deficiency disregarding the regulation stating that deficient applications shall not be processed for the current examination. This is the first count violation on the regulation pertaining to deficient application.

Again, the OOC re-evaluated the same application for certification and immediately processed it as an application for examination though the application is filled up in the wrong form and therefore considered deficient. According to the regulation deficient applications shall not be processed for the current examination. But the fact is the OOC processed immediately the examination application I have not applied for in blatant second count of violation of the regulation pertaining to deficient applications.

SCREENSHOT  WHERE THE REGULATION ON  NOTICE AND DEFICIENT APPLICATION ARE SHOWN

This treatment born out of  prejudice you have against me, a Filipino did not happen once but have been institutionalized by all of you and your agency and permeates all throughout my my personal experience dealing with all of you through email communications from 2012 up to the present from Ms. Debbie Zucalla up to you tattered with contemptuous disrespect, lies, false pretenses and deliberate negligence. Why? Because of myself being one born as a Filipino and educated in a school from the Philippines? The same primordial cause you did put a circular discriminatory mark around the word "PHILIPPINES" on the document you are hiding since 2012 until now.

This led me to believe that this arbitrary and capricious decision by the OOC only show the intensity of discrimination they have against me, A Filipino.

IF YOU HAVE OBJECTIONS TO THE THESE STATEMENTS OF FACT YOU ARE ENCOURAGED TO WRITE YOUR OBJECTION AND SUBSTANTIAL REASONS CLEARLY  THERETO WITHIN  15 DAYS, AFTER WHICH IT SHALL BE UNDERSTOOD BY BOTH OF US THAT YOU ARE CONFORMING TO THESE FACTS STATED HEREIN.

Thank you very much.

Yours faithfully,

Antonio L. Buensuceso Jr.