Current through Rules and Regulations filed through September 23, 2024
(1) Any person desiring to engage in the business of water well construction or the business of pump installation in Georgia shall apply to the Council for a license as a water well contractor or a certificate as a pump contractor, respectively, in accordance with these Rules (770-1 to 770-8).
(2) All applications for licensing and certification shall be submitted to the Division on forms approved and provided by the Council.
(a) An application may not be accepted by the Division for filing unless the application is complete and is accompanied by the examination scores and required fee(s).
1. The application fee shall be set by the Council. Check or money order shall be made payable to the Department of Natural Resources.
2. The financial assurance shall be either:
i. a performance bond payable to the Director and issued by an insurance company authorized to issue such bonds in this state; or
ii. an irrevocable letter of credit issued in favor of and payable to the Director from a commercial bank or other financed institution approved by the Director. The amount of the bond and irrevocable letter of credit for a water well contractor shall be set by the Director in an amount not to exceed $75,000. The amount of the bond or irrevocable letter of credit for a pump contractor may be less but shall not exceed the amount of the bond or irrevocable letter of credit for a water well contractor.
(b) If a business has more than one water well contractor or pump contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee or certificate holder, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors or pump contractors within that business. The blanket bond or blanket irrevocable letter of credit shall be payable to the Director in an amount not to exceed $75,000.
(3) An applicant for a license as a water well contractor and an applicant for a certificate as a pump contractor shall be required to submit proof of passing results for examinations prepared by the National Ground Water Association and administered by a provider designated by the National Ground Water Association.
(4) An applicant for a license as a water well contractor shall be required to have two (2) years experience working in the water well construction business under a licensed water well contractor. An applicant for a certificate as a pump contractor shall be required to have two (2) years experience working in the pump installation business under a certified pump contractor or under a licensed water well contractor.
(a) The applicant shall list his or her experience on the application including the names and addresses of the water well contractors or pump contractors from whom the experience was gained and any other references, and such other information as may be required by these rules or the Council.
(b) Satisfactory proof of two (2) years' experience shall be made by the following:
1. By presenting certified affidavits that the applicant has had at least two (2) years of full-time experience from one or more licensed water well contractors if applying for a water well contractor's license, or presenting certified affidavits from one or more certified pump contractors or one or more licensed water well contractors if applying for a pump contractor's certificate.
2. If the required experience was obtained under two (2) or more licensed water well contractors or certified pump contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed or certified contractor.
3. The Council may require the applicant and the contractors who swear to such affidavits to appear before the Council to discuss the applicant's qualifications.
4. In lieu of the method described above, an applicant may present other proof that is satisfactory to the Council of two (2) years' experience.
(5) Persons who can document that they have been in the business of installing, removing or servicing pumps and pumping equipment prior to December 31, 2003 may be granted a pump contractors certificate by submitting a complete application accompanied by the examination scores, paying the appropriate fees, and submitting an acceptable bond or irrevocable letter of credit.
(6) The Council shall not approve an application or issue any new license or certificate or renew any old license or certificate prior to the Director or the Director's designee receiving an acceptable bond or irrevocable letter of credit.
(7) The Council shall, by majority vote of the quorum, approve or deny an application. The Council may deny an application under this Rule for, but not limited to, insufficient information regarding experience in the water well construction or pump installation business or lack of other information the Council deems necessary to evaluate the experience and qualifications of the applicant.
(a) Notice will be given to an applicant, by first-class mail, of the Council's action approving or denying an application.
(b) An applicant whose application has been denied shall be notified by first-class mail of the Council's decision within twenty (20) days of such denial. The Council shall state the reason(s) for the denial in the letter. The applicant shall have the right to appeal to the Council any denial, in accordance with the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et seq.
(c) Any person whose application has been denied may request in writing to the Council, within thirty (30) days of the date of the letter of denial, an informal conference before the Council, for the purpose of explaining, but not supplementing, the application. Based on the person's explanation, the Council may reconsider the denial. Such reconsideration shall take the form of a majority vote of the quorum. If the applicant does not request an informal conference before the Council, the denial shall be final on the date that is thirty (30) days after the date of the Council's denial notice.
(d) An applicant whose application has been denied may thereafter file a new application at any time unless in its notice of denial the Council imposes a period of deferment on the filing of a new application. The application fee shall accompany the new application; however, no application fee shall be required of an applicant who files a new application under this provision within one year of the date of the denial of his or her original application.
O.C.G.A. §
12-5-120
et seq.
