Chapter 770-7 ENFORCEMENT PROCEDURES
The Council shall suspend or revoke a license or certificate
upon a finding of one or more of the following grounds:
| (a) |
material misstatement in the application
for license or certificate; |
| (b) |
willful disregard or violation of Water Well Standards Act of 1985 O.C.G.A.
12-5-120, et seq., or any law and rules of the State of Georgia relating to
wells, including any violation of standards or rules adopted pursuant to this
Act; |
| (c) |
willfully aiding or
abetting another in the violation of Water Well Standards Act of 1985, O.C.G.A.
12-5-120, et seq., or any law of the State of Georgia relating to
wells; |
| (d) |
incompetency in the
performance of the work of a water well contractor or pump
contractor; |
| (e) |
making substantial
misrepresentations or false promises in connection with the occupation of a
water well contractor or pump contractor; |
| (f) |
failure to provide and maintain on file
at all times with the Director a valid performance bond or irrevocable letter
of credit; |
| (g) |
that reasonable
care, judgment or the application of the well driller's or pump contractor's
knowledge or ability was not used in the performance of the well driller's or
pump contractor's duties, or that the well driller or pump contractor is unable
to properly perform his/her duties; |
| (h) |
allows an unlicensed driller or an
uncertified pump contractor to use or to work under a licensed driller's
license or a certified pump contractor's certificate, respectively, in any way.
However, this shall not apply to any employee, licensed driller, or certified
pump contractor who receives only a salary or hourly wage, or to a bona fide
business partner; |
| (i) |
a licensee or
certificate holder fails to comply with a Director's Notice to Correct and does
not request a hearing to be conducted in accordance with the Georgia
Administrative Procedures Act (O.C.G.A. 50-13-1, et seq.). |
| (1) |
The Council
shall consider suspension or revocation of a license or certificate only upon
receiving a signed, written complaint that the licensee or certificate holder
in question has violated any one or more of the acts stated in Section .01 of
this Chapter. Such complaint must be filed with the Council within two (2)
years from the completion of the well or within one (1) year from the
completion of the pump installation. |
| (2) |
The Council may either dismiss a
complaint against a licensee or certificate holder based upon the written facts
presented to the Council by the complaint, or inform the license or certificate
holder of the complaint and allow ten (10) for a response. During this ten (10)
day period if the license or certificate holder satisfies the complaint, no
further action will be required of the Council. |
| (3) |
If the complaint is not satisfied within
the ten (10) day period, the Council will request the Director to make an
inspection of the complaint and make such other inspections as provided in
subsection (b) of Code Section
12-5-136. |
| (4) |
Following a review of the results of an
inspection of a complaint against a licensee or certificate holder, the Council
shall either dismiss the complaint, have the Director issue a Notice to Correct
if a violation was found, or call a hearing to be conducted in accordance with
the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et seq. |
| (5) |
As part of a Notice to Correct, the
licensee or certificate holder shall be notified of the repairs necessary to
correct the complaint and shall be given thirty (30) days to make such repairs.
If the licensee or certificate holder makes the identified repairs to the
satisfaction of the Council and so notifies the Division by certified mail,
then the complaint shall be dismissed. If the repairs identified in the Notice
to Correct are not made within thirty (30) days, the Council may request that
the Director place a demand on the licensee or certificate holder's bond or
irrevocable letter of credit. The Director, however, may use the proceeds from
such bond or irrevocable letter of credit to contract with another licensee or
certificate holder to perform the necessary repairs. |
| (6) |
If a licensee or certificate holder
contends that the Director's Notice to Correct is inappropriate, and the
Council agrees to accept the Director's Notice to Correct, the licensee or
certificate holder may also request a hearing to be conducted in accordance
with the Georgia Administrative Procedures Act (O.C.G.A. 50-13-1, et seq.).
Such a request for a hearing shall be within thirty (30) days of the date of
the Director's Notice to Correct. |
| (7) |
The licensee or certificate holder
against whom a complaint is filed with the Council shall be notified in writing
by certified mail at least twenty (20) days before the date of a hearing. The
licensee or certificate holder shall be given notice of the date, time and
place of the hearing, together with a copy of the complaint and any other
relevant material filed against such person. |
| (8) |
Following a review of the proceedings of
a hearing on a complaint against a licensee or certificate holder, the Council
shall either dismiss the complaint or at its discretion, suspend or revoke the
license or certificate of the person against whom the complaint is filed or may
allow such person a reasonable time in which to meet and correct the complaint
of the objecting party. |
| (9) |
Any
person whose license or certificate is expired, suspended or revoked or
otherwise rendered invalid or ineffective shall not perform the duties of a
water well contractor or pump contractor in the State of Georgia. |
| (10) |
The licensee or certificate holder shall
have the right to appeal any decision by the Council regarding a complaint in
accordance with the Georgia Administrative Procedures Act (O.C.G.A. 50-13-1, et seq.). |
| (11) |
The Council, by
majority vote of the quorum, may reissue a license or certificate to any person
whose license or certificate has been revoked upon written application to the
Council by the applicant, showing good cause to justify such
reissuance. |
