Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 146 - Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator License
Section NR 146.09 - Suspension and revocation
Universal Citation: WI Admin Code ยง NR 146.09
Current through August 26, 2024
(1) BASES FOR ACTION. The department may suspend or revoke a license or registration under this chapter for any of the following reasons:
(a) The licensee or registrant made a
material misstatement in the application for the license, registration, or any
application for renewal of the license or registration.
(b) The licensee or registrant demonstrated
incompetency to act in the industry or industries for which the license or
registration was issued.
(c) The
licensee or registrant willfully violated a second time or more any provision
of ch. 280, Stats., or any rule, regulation or order prescribed by the
department.
(d) The licensee or
registrant was found guilty in any civil or criminal proceeding of any action
constituting fraud in connection with water well drilling, heat exchange
drilling, or pump installing activities or operations.
(2) SUSPENSION AND REVOCATION ACTIVITIES. No individual or person whose license or registration has been suspended or revoked may engage in the business of water [well] drilling, heat exchange drilling, or pump installing during the suspension or revocation period unless all of the following apply:
Note: The word "well" in brackets was removed by CR 13-099 but the word is necessary to give effect to the treatment by CR 13-096. Future rulemaking will address any wording inconsistencies.
(a) Water well drilling activities are
performed under the direct supervision of a Wisconsin licensed individual water
well driller, heat exchange drilling activities are performed under the direct
supervision of a Wisconsin licensed individual heat exchange driller, and pump
installing activities are performed under the direct supervision of a Wisconsin
licensed individual pump installer.
(b) The water well driller whose license or
registration was suspended or revoked shall be an employee of the Wisconsin
licensed water well driller providing direct supervision of his or her
activities or shall be an employee of a Wisconsin registered water well
drilling business whose licensed supervisory individual water well driller is
providing direct supervision to the water well driller whose license or
registration was suspended or revoked. The heat exchange driller whose license
or registration was suspended or revoked shall be an employee of the Wisconsin
licensed heat exchange driller providing direct supervision of his or her
activities or shall be an employee of a Wisconsin registered heat exchange
drilling business whose licensed supervisory individual heat exchange driller
is providing direct supervision to the heat exchange driller whose license or
registration was suspended or revoked. The pump installer whose license or
registration was suspended or revoked shall be an employee of the Wisconsin
licensed pump installer providing direct supervision of his or her activities
or be an employee of a Wisconsin registered pump installing business whose
licensed supervisory individual pump installer is providing direct supervision
to the pump installer whose license or registration was suspended or revoked. A
copy of the employment contract under par. (b), (c), or (d) shall be provided
to, and approved by the department before any water well drilling, heat
exchange drilling, pump installing or well filling and sealing activities are
commenced. An employment contract entered into to meet the requirements of this
chapter shall include the assignment of responsibility for supervision,
submission of reports and the completion of work in compliance with all
applicable laws and rules and with any plans, specifications, variances and
approvals approved by the department to the Wisconsin licensed individual
supervisory water well driller or pump installer.
(c) The individual or person whose license or
registration was suspended or revoked shall notify the department of the
location of any water well drilling, heat exchange drilling, or pump
installation the individual or person whose license or registration was
suspended or revoked will be working on at least 48 hours in advance, except
that emergency pump installations shall be reported before 8:00 a.m. on the
first business day following the work.
(d) The individual or person whose license or
registration was suspended or revoked shall notify the department of the
location of each water well drilling rig, heat exchange drilling rig, or pump
installation truck owned, leased or used by the individual or person whose
license or registration was suspended or revoked and of any change in the
location of any rig or truck during the suspension or revocation
period.
(3) REINSTATEMENT.
(a) An individual whose license
was suspended based on incompetency to act in the industry or industries for
which a Wisconsin license was issued shall demonstrate competency to engage in
the industry or industries by passing an exam administered under s. NR 146.045
before the suspension is ended by the department.
(b) An individual whose license has been
revoked may apply for a new license one year or thereafter after the date of
revocation. A license application from an individual whose license was revoked
is not a renewal. A person whose registration has been revoked may apply for a
new registration one year or thereafter after the date of revocation.
(c) An individual whose water well drilling,
heat exchange drilling, or pump installing license was revoked for any reason
shall demonstrate the individual licensee's knowledge to engage in water well
drilling, heat exchange drilling, or pump installing by passing an exam
administered under s. NR 146.045. An individual who has had a water well
drilling, heat exchange drilling, or pump installing license revoked for
incompetency is not eligible to become licensed again until after the
individual has demonstrated competency in the activity for which the individual
was deemed incompetent. In the alternative, the department may grant a
conditional license to the applicant, which restricts the individual from
engaging in the activity for which the individual was deemed incompetent.
Competency shall be demonstrated by performing the activity while working under
the direct supervision of an individual licensed for that activity for at least
2 years without violations.
(d) An
individual whose license was suspended for willful violations and has failed to
comply with requirements of the suspension order so that the suspension extends
longer than one calendar year, shall take and pass the exam to become licensed,
as provided in s.
NR 146.07(2).
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.