Current through Register Vol. 49, No. 9, September, 2024
3.1
Authorized constructor.
Water wells subject to these rules shall be constructed only by persons having
a valid license under Act 641 of 1969, enacted by the General Assembly of the
State of Arkansas, unless exempt under provisions of that Act.
3.2.
Supervision. During the
construction, alteration, or repair of a water well, or installation or repair
of pumping equipment, there must be, on site, a person who has obtained a
registration certificate and has been certified in the type of construction
engaged or an apprentice under personal supervision as defined by Rule
3.10.1.1. At all times in which only an apprentice is on site, the person
supervising the apprentice under Rule 3.10.1.1 shall remain informed and have
knowledge of the status of the work being accomplished.
3.3
Engineers and geologists.
Arkansas Registered Professional Engineers and Arkansas Registered Professional
Geologists practicing geotechnical engineering or geologic investigations may
be declared exempt from certification, bonding, and testing requirements upon
application for exemption from the Commission.
3.4
Fees. The following fees
will be charged for licensing, registration, and rig permitting.
|
Drilling and Pump System License
........................................ |
$350.00 |
|
Pump System-Only License
.................................................. |
$175.00 |
|
Drilling-Only License
............................................................ |
$175.00 |
|
Driller Registration Certificate
............................................. |
$125.00 |
|
Pump Installer Registration Certificate
........................................ |
$125.00 |
|
Apprentice Certificate
............................................................ |
$125.00 |
|
Rig permit
............................................................ |
$145.00 |
3.4.1
Fees
non-refundable. All applicants for registration certificates shall pay
said fees prior to completing the exam. Once processed, all application and
licensing fees are non-refundable.
3.5
Categories for
registration certificates
3.5.1
Driller
registration.3.5.1.1
Consolidated. Includes water well construction techniques for all
water wells, other than monitoring wells, completed in rock formation or in
formations which will not cave, including the overburden and soils overlying
consolidated formations.
3.5.1.2
Unconsolidated. Includes water well construction techniques for
all water wells, other than monitoring wells, completed in sand, clay, and
gravel formations which are caving in nature.
3.5.1.3
Monitoring and
piezometer. Includes construction for the purpose of locating and
sampling for engineering or geological data or sampling ground water.
3.5.1.4
Hydrofracturing.
Includes pumping or injecting fluids into a well and does not include the use
of explosives.
3.5.1.5
Geothermal. Includes construction of wells built for the purpose
of geothermal energy exchange including earth-coupled and direct exchange
systems.
3.5.2
Pump installer registration.
3.5.2.1
Turbine pumps. Includes
equipment consisting of, or used in conjunction with, line shaft turbine
pumps.
3.5.2.2
Submersible
pumps. Includes equipment consisting of, or used in conjunction with,
submersible pumps and motors.
3.5.2.3
Jet pumps. Includes
equipment used in conjunction with the jetting action of a venturi
nozzle.
3.5.2.4
Monitoring/purging/sampling. Includes pumps and other devices
permanently installed to purge monitor wells, obtain samples from a monitoring
well, or recover foreign substances from ground water.
3.5.2.5
Positive displacement pumps and
other devices. Includes the installation of equipment and pumping
devices not listed above, such as hand pumps, windmills, stroke pumps or sucker
rod pumps and equipment.
3.5.2.6
Plugging. Registered pump installers who have demonstrated
knowledge of the applicable rules and possession of the required skills by
passing a test on those subjects administered by the Commission are authorized
to plug abandoned water wells
3.6
Water well contractor
licenses.
3.6.1
General. Any person who contracts for or is engaged in well
construction or pump installation shall hold or be employed by a person holding
an Arkansas Water Well Contractor License. The Water Well Contractor shall hold
the proper license, certificates, and permits for the type of construction
engaged and shall meet continuing education requirements as set forth
herein.
3.6.2
Categories for licenses.
3.6.2.1
Drilling and pump
systems. Includes contracting for all elements of water well
construction, including drilling and pump installation.
3.6.2.2
Pump systems. Includes
contracting for the installation and repair of pumps and related equipment and
does not include excavating the well.
3.6.2.3
Drilling. Includes
excavation of a water well, modification of the borehole, setting or removal of
casing up to the point of installing or repairing pumping equipment and
plugging abandoned water wells.
3.6.2.4
Master electricians. A
Master Electrician holding a valid license may repair or install pressure
switches, control boxes and other electrical components of the pumping
equipment at the well head without holding licenses issued by the Commission.
The Electrician shall adhere to these rules for the installation and is not
authorized to break the well seal, or alter, cut or drill into the
casing.
3.6.2.5
Master
plumbers. A Master Plumber holding a valid Master Plumber License may
repair or install pressure switches, pressure tanks, valves and pipes at the
well head, without holding licenses issued by the Commission. The plumber shall
adhere to these rules for the installation and is not authorized to break the
well seal, or alter, cut or drill into the casing.
3.7
Bonding.
3.7.1
Conditions of bond for resident
and nonresident contractor. The Water Well Contractor as defined in Act
641, as amended, as principal and a surety company or corporation authorized to
do business in the State of Arkansas as surety shall bind themselves and their
successors and assigns jointly and severally to the Arkansas Water Well
Construction Commission for the use and benefit of the public in the full penal
sum of no less than twenty thousand dollars ($20,000.00) for each licensing
year beginning August 1, 2016; that said principal and any person employed by
him shall duly comply with Act 641 of 1969, as amended, and all rules
pertaining to said Act. Any one contract, as prescribed herein by Rule 3.7.7,
between said principal and a person doing business with said principal
exceeding twenty thousand dollars ($20,000.00) or the amount of aforesaid bond
if in excess of twenty thousand dollars ($20,000.00) shall require said
principal to enter into a separate agreement and a bond equal to the amount of
said contract as required in Subsection (c) of Section 11 of Act 641 of
1969.
3.7.2
Recovery of
damages. Any and all persons doing business with said principal or
person in his employ, who have been damaged by reason of violation of any of
the provisions set out in Act 641 of 1969, as amended, and all rules pertaining
to said Act, may in their own name and without joining the Commission as a
party, sue thereon and join in said action as one of the defendants against the
surety on said bond(s).
3.7.3
Exhaustion of administrative remedies. No action shall be taken
against the principal and surety on said bond(s) until all reasonable
administrative remedies have been exhausted by the Commission.
3.7.4
Term of bond. Each bond
shall be construed as a new bond in the sum aforesaid in Rule 3.7.1, for each
year it remains in full force unless the bond is waived as set forth in Rule
3.7.8.
3.7.5
Termination of
bond. The surety shall terminate each bond by giving not less than
thirty (30) days written notice of the effective date of said termination to
the Commission. Termination shall not relieve said surety or principal of any
liability during which the bond was in force until a period of not less than
five (5) years from the effective date of termination has expired.
3.7.6
Bond form. The Commission
shall provide a contractor's bond form to each person applying for the
contractor's license. Each contractor's license shall be issued only after the
receipt of the original copy of the water well contractor's bond prescribed
above and said form is completed and notarized. The contractor's license may be
renewed annually without receipt of a new contractor's bond form provided the
Commission has proof that the original contractor's bond(s) remains in full
force and effect.
3.7.7
The
amount of the contract. "The amount of the contract" as used in Rule
3.7.1 shall be defined as the amount or cost of the construction of the well,
including but not limited to the cost of drilling, casing, screens, grout,
seals, etc., excluding the costs of systems employed, constructed or installed
on the discharge side of the pressure tank or beyond the point of discharge
from the pump if no tank is employed, or to pivot systems, ditches, pumping
stations, pump houses, buildings, air conditioning duct work, or items which
the water well contractor may construct or install, but are not directly
connected with the construction of the well or included under the Definition or
Scope of a water well as prescribed in Subsection (E) of Section 3, and Section
4 of Act 641 of 1969, as amended, and these rules.
3.7.8
Waiver. The Commission
shall reserve the right to waive the requirement of obtaining a water well
contractor's bond in the amount of twenty thousand dollars ($20,000.00) in
favor of a bond of a lesser amount to those contractors whose contracts for
each one-year period consistently amount to less than twenty thousand dollars
($20,000.00). The contractor must provide proof that he is unable to obtain a
bond, or such bond would cause an undue hardship. Further, the Executive
Secretary of the Commission must be willing to recommend that a bond of a
lesser amount would be sufficient protection for any persons doing business
with the Contractor.
3.7.9
Cash bond. Persons who install pumping equipment or repair pumping
equipment that have been granted a waiver for a twenty thousand dollar
($20,000) bond and are unable to post a twenty thousand dollar ($20,000) bond
may post in lieu of a water well contractor's bond an escrow cash bond of no
less than five hundred dollars ($500.00) per year until twenty thousand dollars
($20,000) is accrued. Persons authorized to post an escrow cash bond in lieu of
posting bond shall also submit a statement of personal indemnification signed
by the principal owner or Chief Executive Officer.
3.8
Mail.
3.8.1
General. All persons
licensed or certified by the Commission agree to keep the Commission advised of
his or her current address and must readily accept all mail sent to them from
the Commission.
3.8.2
Registered or certified mail. Registered or certified mail sent
with proper postage and to the last known address that is returned unclaimed
shall be considered adequate notification of notice served.
3.8.3
Change of address. The
Commission shall be notified of any change of address within fifteen (15) days
of the change.
3.8.4
Refusal
to accept mail. Refusal to accept mail is considered a violation of
these rules and will result in immediate suspension of any registration or
license until the matter is resolved and could result in further disciplinary
action.
3.9
Continuing education. Beginning August 1,
2002, as a condition of annual license renewal, a contractor or one designee
who is a partner, officer, or full-time employee and a registered driller or
pump installer shall submit proof of 6 approved continuing education credits
completed during the previous licensing year. For each additional designee, two
(2) additional credits will be required per contractor per year. Credits
exceeding the required number may be carried over into the next licensing year.
The Commission may pre-approve continuing education programs and the number of
credits to be given for those programs therefore. Programs submitted for
pre-approval shall be considered by the Commission only upon submission, by the
sponsor or attendee, of a written description, which must include the names and
qualifications of the presenters, the time and location, the proposed number of
credits, and the program's objectives. Programs may be held in-state or
out-of-state and must be related to water wells or pump systems technology,
science, or health, sound business practices, or compliance with the
Commission's Rules and other governmental and industry requirements including
worker health and safety. Program sponsors must provide written proof of
attendance to attendees, and providers of pre-approved classes must provide a
list of attendees to the Commission by July 31 of each year.
3.10
Apprenticeship program.
3.10.1
General. A natural person
obtaining the knowledge, skills, and abilities necessary to obtain a
certificate of registration as a pump installer under the personal supervision
of a registered pump installer or to obtain a certificate of registration as a
water well driller under the personal supervision of a registered water well
driller may apply to the Commission for an apprenticeship certificate.
3.10.1.1
Personal supervision.
"Personal supervision" means that the supervisor is at the job site with the
apprentice or within two hours' traveling distance of the apprentice whenever
the apprentice is working in well construction or pump installation. When the
supervisor is not physically present at the job site with the apprentice, the
supervisor must be reachable at any time by wireless telephone or radio
contact.
3.10.1.2
Supervisor
Employment. A registered certificate holder serving as an apprentice
supervisor shall be a full-time employee of the company hiring the
apprentice.
3.10.2
Requirements for apprenticeship certificate. All applicants for
apprenticeship certificates must submit the following:
1. Completed application form;
2. Notarized letter from a registered
certificate holder stating:
a. That he or she
holds a certificate of registration in the same area or a comparable area
sought by the apprenticeship applicant and that he or she has held that
certificate for at least five of the previous ten years;
b. That he or she has no record of
construction violations in the specialty area unless waived by the
Commission;
c. That he or she has
no outstanding fines or fees owed to the Commission;
d. That he or she is willing to serve in a
supervisory capacity during the apprenticeship;
e. The number of apprentices including the
applicant that the supervisor currently supervises or anticipates supervising
within a year of drafting the letter will not exceed five; and
f. A description of the training
program;
3. Written
statement from a contractor employing the supervisor whereby the contractor
agrees to accept responsibility for the apprenticeship;
4. Copy of driver's license or other document
illustrating that applicant is at least eighteen years old; and 5. Registration
fee.
3.10.3
Registration for concurrent apprenticeships. An applicant may
register for both a drilling apprenticeship and a pump installer's
apprenticeship at the same time. Each registration will require separate
registration fees.
3.10.4
Transfer of supervisory authority. A supervisor may agree to
temporarily transfer supervising responsibility to a person holding a
certificate of registration in the area sought by the apprentice and employed
by the same contractor. The supervisor to whom responsibility is temporarily
transferred must not already supervise more than five other apprenticeships and
must meet the requirements of 3.10.2.
3.10.5
Apprentice
responsibilities. An apprentice's certificate may be revoked for
engaging in prohibited activities.
3.10.5.1
Driller apprentice responsibilities. A driller apprentice shall:
1. Represent his supervising driller during
operations at the well site;
2. Not
perform, or offer to perform, any services associated with water well drilling
except under the personal supervision of a certified driller; and
3. Not perform, or offer to perform, any
services associated with pump installation unless the apprentice holds a pump
installer apprentice certificate or pump installer certificate of
registration.
3.10.5.2
Pump installer apprentice responsibilities. A pump installer
apprentice shall:
1. Represent his supervising
pump installer during operations at the well site;
2. Not perform, or offer to perform, any
services associated with pump installation except under the personal
supervision of a certified pump installer; and
3. Not perform, or offer to perform, any
services associated with water well drilling unless the apprentice holds a
driller apprentice certificate or driller certificate of
registration.
3.10.6
Length of apprenticeship.
A person must be apprenticed with the Commission for at least two years before
that person is eligible to apply for certification as a water well driller or
pump installer.
3.10.7
Eligibility to apply for driller and pump installer certification.
3.10.7.1
Supervisor
recommendation. After the apprentice has completed at least two years of
apprenticeship, the apprentice's supervisor may send the Commission a letter on
the apprentice's behalf stating that the apprentice is ready to sit for
examination to obtain a certificate of registration as a water well driller or
pump installer.
3.10.7.2
Application by apprentice. After the apprentice has completed two
years of apprenticeship, the apprentice may submit IRS W2 Wage and Tax
Statement forms demonstrating that he has spent three years in the employ of a
licensed water well contractor and that he is ready to sit for the certificate
of registration examination. The Commission will then approve or disapprove the
apprentice to take the examination.
3.10.7.2.1
Inability to secure letter from contractor. If after the
apprentice has completed at least two years of apprenticeship but is unable due
to extenuating circumstances to secure a letter from his supervisor
recommending that he be qualified to sit for examination, the apprentice may
petition the Commission to waive the requirement that he provide a letter from
a supervisor prior to sitting for the examination.
3.10.8
Renewal of
apprenticeship certificate. An apprentice's certificate shall be deemed
expired on July 31 of each year. If the apprentice has knowingly violated
Commission rules or owes fees assessed by the Commission, the Commission may
choose to deny renewal. A certificate must be renewed prior to the
certificate's expiration date by complying with the following requirements:
1. Submission of the renewal application
form; and
2. Payment of an annual
registration fee to the Commission.
3.10.9
Change of responsible supervisor
or contractor. If a supervisor terminates supervision of an apprentice,
the contractor employing the apprentice must send a written statement to the
Commission stating the relationship has ended. In order to continue the
apprenticeship, the apprentice must find another certificate holder to
supervise him or her, and that new supervisor must send a notarized letter to
the Commission that meets the requirements of Rule 3.10.2.
3.10.10
Apprenticeship program
exemption.A. A person who has
previously held a water well driller or pump installer certificate of
registration from the Commission and seeks reinstatement shall not be required
to complete the apprenticeship program.
B. A person seeking reinstatement shall pay
the certificate of registration fee set out in Rule 3.4 and demonstrate via
application that he or she:
1. Was previously
registered in this state in the area of interest;
2. Held the registration in good standing at
the time of registration;
3. Did
not have his or her registration revoked for:
a. An act of bad faith; or
b. A violation of law, rule or
ethics;
4. Is not holding
a suspended or probationary registration or license in any state; and
5. Is sufficiently competent in his or her
area of interest by satisfactorily completing a competency examination approved
by the Commission.
C. If
the person seeking reinstatement applies for reinstatement within a year of the
expiration of his or her certificate, he or she will not be required to take
the Commission's competency test.
3.10.10.1
Continuing Education.
The Commission may require the person to participate in continuing education
consistent with these rules.
3.10.10.2
Reciprocity. A person
shall not be required to comply with the requirement of 3.10.10 to obtain
reinstatement of a license if the person meets the requirements of
reciprocity.
3.11
Rules applicable to
active duty service members, returning military veterans, and
spouses.
3.11.1
Expedited and temporary certification for active duty military, returning
military veterans, and spouses.A. The
Commission shall expedite the certification process for any individual applying
for Arkansas accreditation who
1. Holds a
substantially equivalent certificate issued by another state, territory, or
district [FN1] who is in good standing with that state; and
2. Is one of the following:
a. An active duty military service member
stationed in the State of Arkansas;
b. A returning military veteran applying
within one (1) year of his or her discharge from active duty; or
c. The spouse of a person described by (2)(a)
or (b).
B.
(1) The applicant will still need to
demonstrate competence to drill wells or install pumps in Arkansas by passing
the Commission's test.
(2) However,
an applicant may obtain temporary certification pursuant to Rule 3.12.4 until
the applicant has met the Commission's testing
requirement.
3.11.2
Consideration of military
training and experience.
A. When
considering an application for certification from a person described by Rule
3.11.1.2 who does not have certification from another state, territory, or
district, the Commission shall:
1. Consider
whether the applicant's military training and experience is substantially
similar to experience or education required for the applicable permit or
license; and
2. Accept
documentation of the applicant's military training and experience in lieu of
experience or education required for the applicable permit if the Commission
determines the military training and experience is a satisfactory substitute
for the experience or education required for the permit.
B. The applicant will still need to
demonstrate competence to drill wells or install pumps in Arkansas by passing
the Commission's test.
3.11.3
License or permit
expiration.
A license or permit issued by the Commission held by an active
duty military service member or the spouse of an active duty military service
member deployed outside Arkansas shall not expire until one hundred eighty
(180) days following the active duty military service member's or the spouse's
return from active deployment.
3.11.4
Continuing education
exemption.A. The Commission shall
allow a full or partial exemption from continuing education requirements for
the following individuals:
1. An active duty
military service member deployed outside of the State of Arkansas;
2. A returning military veteran applying
within one (1) year of his or her discharge from active duty; or
3. The spouse of a person under (1) or (2) of
this section.
B. The
Commission may require the completion of continuing education before issuing
any subsequent renewals.
3.12
Reciprocity.
3.12.1
Reciprocity agreement.
An applicant holding an occupational license from an entity of
another state, territory, or district of the United States that has entered
into a written agreement with the Commission shall qualify for a certificate of
registration as a water well driller or pump installer once he or she has
satisfied the terms of the agreement.
3.12.2.
Reciprocity
qualifications.
An applicant, who holds a substantially similar certification
from another state, territory, or district of the United States that has not
entered into a reciprocity agreement with the Commission, applying for
reciprocal certification as an Arkansas Water Well Construction Commission
Water Well Driller or Pump Installer, shall meet the following
requirements:
1. The applicant holds
certification in good standing;
2.
The applicant shall not have had a certification revoked for an act of bad
faith or a violation of law, rule, or ethics;
3. The applicant does not hold a suspended or
probationary license in another state, territory, or district of the United
States;
4. The applicant has held
the certificate for two years;
5.
The applicant demonstrates sufficient competence in the field by passing the
Commission's certification exam which tests applicant's knowledge of the
Arkansas Water Well Construction Act, Ark. Code Ann. §
17-50-101
et seq.; Water Well Construction Rules; and general knowledge
of water well construction.
6. The
applicant is eighteen years of age or older; and
7. The applicant pays a registration fee in
accord with Rule 3.4.
3.12.3
Required documentation of
substantially similar program.A. As
evidence that the applicant's certificate from another jurisdiction is
substantially similar to the Commission's requirements for a certificate of
registration, the applicant shall submit the following information:
1. Evidence of current and active
certification from another state, territory, or district of the United
States.
2. Evidence that the other
jurisdiction's certification requirements are similar to those required by the
Commission.
B. To
demonstrate that the applicant meets reciprocity requirements, the applicant
shall provide the Commission with:
1. The
names of all states in which the applicant is currently certified or has been
previously certified;
2. Letters of
good standing or other information from the licensing entity of each
jurisdiction in which the applicant is currently or has ever been certified
showing that the applicant has not had his certificate revoked for an act of
bad faith or a violation of law, rule, or ethics and does not hold a
certificate on a suspended or probationary status.
3.12.4
Temporary
certification for a person holding certification from a substantially similar
program.A. The Commission shall grant
a 90-day temporary certificate of registration to any individual holding a
water well driller or pump installer certificate of registration from another
state, territory, or district of the United States upon being presented with
evidence of a current and active occupational certification substantially
similar to the practice of water well drilling or pump installing in
Arkansas.
B. An individual holding
a substantially similar certification shall submit a completed application,
proof of certification, and a certificate of registration fee identified in
Rule 3.4.
3.12.5
Applicant with experience from a state, territory, or district that does
not require certification.
An applicant from a state that does not certify water well
drillers shall meet requirements 5, 6, and 7 in Rule 3.12.2, as well as provide
the following documents:
1. An
affidavit containing separate paragraphs accounting for at least two years of
employment by a water well drilling or pump installation business or businesses
including the following information:
a.
Business phone number and address,
b. Name of applicant's supervisor;
c. Description of duties performed by
applicant while employed by the business;
d. Dates of applicant's employment,
e. Number of well drilled by applicant or the
number to which applicant has installed pumps, or both, if applicable,
and
f. Type of rigs used by
applicant to perform these duties.
2. Either two years of Internal Revenue
Service (IRS) W2 Wage and Tax Statement Forms demonstrating two years of
employment as a water well driller or pump installer, whichever is applicable,
or insurance or bonding documents corresponding to dates of employment with the
business or businesses.
3.13
Criminal background
checks.
3.13.1
Disqualification from registration and licensure due to criminal
conviction.A. The Commission shall
require all applicants to undergo a state and federal background check at the
Commission's expense.
B. With the
exception of a waiver granted pursuant to Rule 3.13.2, no individual is
eligible to receive or hold certification or licensure if the individual has
pleaded guilty or nolo contendere to or been found guilty of any of the
offenses identified in Ark. Code Ann. §
17-3-102(a) by any court in the
State of Arkansas or of any similar offense by a court in another state or of
any similar offense by a federal court, unless the conviction was lawfully
sealed under the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq., or otherwise previously sealed, pardoned or expunged
under prior law.
C.
(1). An individual seeking certification or
licensure shall be permanently disqualified from receiving certification or
licensure if the individual has been convicted of any of the crimes listed at
Ark. Code Ann. §
17-3-102(e).
(2). The permanent disqualification for an
offense listed in §
17-3-102(e) does not apply to an individual who holds
a valid certification or license on July 24, 2019.
D. The Commission shall not disqualify an
applicant if the date of conviction or incarceration or on which probation for
the disqualifying offense occurred is more than five (5) years prior to
application for certification or license, if the individual:
1. Was not convicted for committing a violent
or sexual offense; and
2. Has not
been convicted of any other offense during the five-year disqualification
period; or
3. The applicant was
arrested for but not subsequently convicted for an offense.
3.13.2
Waiver of
disqualification due to criminal conviction.
A. If an individual has been convicted of a
crime listed in Ark. Code Ann. §
17-3-102(a), except for those
permanently disqualifying offenses found in subsection (e), the Commission may
waive disqualification or revocation of a certification or license based on the
conviction if a request for a waiver is made by:
1. An affected applicant; or
2. An individual holding a certification or
license subject to revocation.
B. The Commission may grant a waiver on the
following basis without limitation:
1. The age
at which the offense was committed;
2. The circumstances surrounding the
offense;
3. The length of time
since the offense was committed;
4.
Subsequent work history since the offense was committed;
5. Employment references since the offense
was committed;
6. Character
references since the offense was committed;
7. Relevance of the offense to a commission
license or certification; and
8.
Other evidence demonstrating that certification or licensure of the applicant
does not pose a threat to the health or safety of the public.
C. A request for a waiver, if made
by an applicant, must be in writing and accompany the completed application and
fees.
D. The Commission will
respond with a decision in writing and will state the reasons for the
decision.
E. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act §
25-15-201
et seq.
3.13.3
Pre-certification or
pre-licensure criminal background check.
A. An individual may petition the Commission
for a pre-certification or pre-licensure determination of whether the
individual's criminal record will disqualify the individual from certification
or licensure and whether a waiver may be obtained.
B. The individual shall obtain the
pre-certification or pre-licensure criminal background check petition form from
the Commission.
C. The Commission
shall respond to a completed petition with a written decision within a
reasonable time.
D. The
Commission's response will state the reason or reasons for the
decision.
E. All decisions of the
Commission in response to the petition will be determined by the information
provided by the individual.
F. Any
decision made by the Commission in response to a pre-certification or
pre-licensure criminal background check petition is not subject to
appeal.
G. The Commission shall
retain a copy of the petition and response for review during the formal
application process.
April 1, 2022
MEMORANDUM REGARDING PROPOSED AMENDMENT TO ARKANSAS WATER
WELL CONSTRUCTION COMMISSION RULE CLARIFYING ON-SITE SUPERVISION OF WORK AT
WATER WELL SITES
Purpose
This memorandum analyzes the proposed Arkansas Water Well
Construction Commission (AWWCC) amendment to its rule clarifying on-site
supervision of all water well construction, installation, or repair activities
(Proposed Rule).
Background
Current AWWCC Rule 3.2 provides the following:
3.2
Supervision. During the
construction, alteration, or repair of a water well, or installation or repair
of pumping equipment there must be, within a two-hour drive, a person who has
obtained a registration certificate and has been certified in the type of
construction engaged. The person who has obtained a registration certificate or
an apprentice with proper supervision as defined by Rule 3.10.1.1 shall remain
informed and have knowledge of the status of the work being accomplished.
AWWCC has traditionally interpreted AWWCC Rule 3.2 to require
either an AWWCC-certified person or an apprentice to be on-site during water
well construction, alteration, and repair or water pump installation. However,
upon further review it has been determined that the current rule can be
interpreted to only require an AWWCC-certified person or apprentice be within
two hours' drive of the site. Therefore, AWWCC voted at its regular meeting on
April 2, 2021 to initiate rulemaking to clarify the Proposed Rule.
Key Points
* The Proposed Rule requires an AWWCC-certified person or
apprentice to be on-site at all times during the construction, alteration, or
repair of a water well.
* On-site apprentices must remain under the personal
supervision of an AWWCC-certified person, meaning the AWWCC-certified
supervisor must be at the job site with the apprentice or within two hours'
traveling distance of the apprentice whenever the apprentice is working in well
construction or pump installation.
* When the apprentice's supervisor is not on-site, he or she
must be aware at all times of the progress of the work being performed and
reachable by wireless phone or radio.
Discussion
According to AWWCC members and Department of Agriculture
(Department) Natural Resources Division staff, the proposed amendment is a
clarification in language only, not a change to the implementation or
interpretation of the rule. Staff and AWWCC members have always interpreted the
rule to require onsite supervision; the new language simply clarifies that
intent.
This same proposed rule amendment was approved by the Governor
on June 11, 2021 and reviewed by the Arkansas Legislative Council (ALC)
Administrative Rules Subcommittee on September 14, 2021. At that meeting,
Senator Terry Rice asked for approval of the rule to be held until the ALC
meeting which would occur two days later. Prior to the start of ALC meeting,
Senator Rice told Department staff that he was fine with the rule, but Senator
Ricky Hill asked for it to be pulled down in order for the Arkansas Water Well
Contractors Association (Association) to give input. Accordingly, the rule was
pulled down at that time.
The Association held its annual conference in January 2022, and
as has traditionally occurred, the AWWCC scheduled a meeting in conjunction
with the conference. AWCC discussed the rule and sought the input of the
Association, and the Association voted unanimously to support the rule
clarification.
At its regularly scheduled meeting on April 1, 2022, the AWCC
voted to move forward with promulgation of the rule. No changes have been made
to the proposed amendment from the version previously approved by the Governor
last year.
Recommendation
Program staff recommend moving forward with adoption of the
proposed rule amendment.
