Current through Vol. 42, No. 1, September 16, 2024
(a)
Grounds for revocation, suspension
or non-renewal of licenses and certifications. The license or
certification issued under this subchapter of any person who violates any
provisions of the rules and regulations of the Board may be revoked, suspended,
or renewal thereof denied by the Board. Grounds for revocation, suspension or
denial of renewal shall include:
(1) Failure
to submit properly completed multi-purpose completion reports in the time
specified by this chapter of these rules.
(2) Failure to advise a person for whom a
well is being drilled or pump installed that polluted water has been
encountered, and that the well is a pollution hazard and must be forthwith
plugged in accordance with the rules of the Board in this chapter.
(3) Being found to be incompetent at any
activities for which the license or certification was issued.
(4) Intentional misrepresentation of material
fact in connection with any information or evidence furnished the Board in
connection with official Board matters.
(5) Aiding or abetting an unlicensed person
to evade the provisions of this chapter of these rules; knowingly combining or
conspiring with an unlicensed person; allowing one's license to be used by an
unlicensed person; or acting as agent, partner, associate, or otherwise of an
unlicensed person with the intent to evade the provisions of this chapter of
these rules.
(6) Failure in any
material respect to comply with the provisions of this chapter of these rules,
including the payment of fees.
(7)
Failure to reimburse the Indemnity Fund as required by the Board pursuant to
OAC Section
785:35-1-5.
(b)
Notice and hearing on
revocation, suspension or non-renewal of license. The Board shall,
before suspending, revoking or denying renewal of any license or operator
certificate, notify the licensee or operator in writing of any changes made in
order to afford such licensee or operator an opportunity to be heard unless the
public health, safety or welfare imperatively requires emergency action. The
hearing will be conducted in accordance with Article II of the Administrative
Procedures Act (75 O.S. 2001, § 308a et seq., as amended) and OAC Title
785, Chapter 4.
(c)
Board
action.
(1) If the Board determines
that the public health, safety or welfare requires emergency action, it shall
issue an emergency order summarily suspending the license or operator
certificate pending a hearing and order such emergency remedial measures as are
deemed necessary to prevent pollution to waters of the state or other public
harm.
(2) After notice and hearing,
the Board may revoke, suspend or deny renewal of the license or operator
certificate or order such other action as deemed appropriate. The Board may
establish a probationary period and condition the continuing validity of the
license on such probationary period and upon other actions, including but not
limited to the proper casing or plugging of wells or such other remedial
measures as deemed appropriate. In addition, the Board may impose
administrative penalties as provided in
785:35-1-4(b).
Amended at 10 Ok Reg
3299, eff 6-25-93; Amended at 11 Ok Reg 2947, eff 6-13-94; Amended at 19 Ok Reg
2498, eff 6-27-02
