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Chapter 770-7 ENFORCEMENT PROCEDURES

Rule 770-7-.01 Suspension and Revocation

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.).

Rule 770-7-.02 Written Complaints, Hearings

(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.