Ga. Comp. R. & Regs. R. 770-3-.01 - Applications

Current through Rules and Regulations filed through April 4, 2022

(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) A water well contractors license is not required for a person who constructs a well on his/her own or leased property intended for use only in a single-family house which is his/her permanent residence or intended for use only for farming purposes on his/her farm, which well produces less that 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his/her own. However, a person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a license as a water well contractor.
(3) A pump contractor certificate is not required for a person who installs, removes or services a pump on his/her own or leased property intended for use only in a single-family house which is his/her permanent residence or intended for use only for farming purposes for a well that produces less that 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his/her own. However, a person is prohibited from installing, removing or servicing a pump or pumping equipment on property he or she owns and is developing for resale unless such person is licensed as a water well contractor or certified as a pump contractor in Georgia.
(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 and shall be required to pass an examination administered by the Council. 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, and shall be required to pass an examination administered by the Council. The applicant shall list the 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.
(5) Satisfactory proof of two (2) years experience shall be made by the following:
(a) 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 license, or presenting certified affidavits from one or more certified pump contractors if applying for a pump contractors certificate.
(b) 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.
(c) 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.
(d) In lieu of the method described above, an applicant may present other proof satisfactory to the Council of two (2) years experience.
(6) 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 paying the appropriate fees, but without any requirement to pass any type of test.
(7) All applications for licensing and certification shall be submitted to the Director on forms approved and furnished by the Council.
(8) An application will not be accepted for filing unless the application is complete and is accompanied by the required fee(s).
(9) The application fee shall be set by the Council. Check or money order shall be made payable to the Water Well Standards Advisory Council. An examination fee, set by the Council, must also be included with the application.
(10) An applicant for a water well contractor license or pump contractor certificate shall submit to the Director:
1. a performance bond payable to the Director and issued by an insurance company authorized to issue such bonds in this state; or
2. 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.
(11) 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 for a water well contractor shall be payable to the Director in an amount not to exceed $75,000. The blanket bond or blanket irrevocable letter of credit for a pump contractor shall be payable to the Director in an amount not to exceed that required of a water well contractor, and may be less.
(12) 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.
(13) The Council shall, by majority vote of the quorum, approve or deny an application.
(14) Notice will be given to an applicant, by first class mail, of the Council's action approving or denying an application.
(15) An applicant approved for admission to an examination will be notified by first-class mail of the place and time of the examination.
(16) 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.
(17) An applicant whose application has been denied shall be notified by first-class mail, by the Council, 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.
(18) Any person whose application has been denied may request in writing to the Council, within thirty (30) days of receipt 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.
(19) An applicant whose application has been denied may thereafter file a new application at any time unless the Council imposes a period of deferment on the filing of a new application. The new application may be filed as either an original application or in the form of a supplement to the prior application. In either case, the application fee shall accompany the new application; however, no application fee shall be required of an applicant who files a new application or files a supplement to his original application under this provision within one year of the date of the denial of his original application.

Notes

Ga. Comp. R. & Regs. R. 770-3-.01
Authority O.C.G.A. Sec. 12-5-120et seq.
Original Rule entitled "Experience" adopted. F. July 13, 1978; eff. August 2, 1978. Repealed: New Rule entitled "Applications" adopted. F. Mar. 19, 1987; eff. Apr. 8, 1987. Amended: F. June 3, 1998; eff. June 23, 1998. Repealed: New Rule of same title adopted. F. Aug. 7, 2006; eff. Aug. 27, 2006.

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