Section .0100 ‑ Duties And Definitions

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 27 - well contractor certification rules/chapter 27 rules.html
Published: 2015

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CHAPTER 27 ‑ WELL CONTRACTOR CERTIFICATION RULES

 

SECTION .0100 ‑ DUTIES AND DEFINITIONS

 

15A NCAC 27 .0101          DEFINITIONS

(a)  "Commission" means the Well Contractors

Certification Commission as established by the North Carolina General Assembly.

(b)  "College course" means a semester unit or

quarter hour unit of instruction given at a college or university, which is

relevant to well contractor activities.

(c)  "Course/activity" means any course or

activity with a clear purpose and objective which will maintain, improve or

expand skills and knowledge relevant to the practice of well contractor

activities.

(d)  "Department" means the Department of

Environment and Natural Resources.

(e)  "Personally manage" means giving directions

to the on‑site person who is personally supervising well contractor

activities.

(f)  "Personally supervise" means the on‑site

direction and control of all well contractor activities at any time those

activities are being conducted.

(g)  "Professional development hour" or

"PDH" means a nominal contact hour of instruction or presentation

that is the basic unit of credit for all courses or activities related to

satisfying continuing education requirements and shall hereafter be referred to

as "continuing education unit" or "CEU". One CEU is

equivalent to 60 minutes of instructional time.

(h)  "Secretary" means the Secretary of the

Department of Environment and Natural Resources.

 

History Note:        Authority G.S. 87-98.2; 87.98.12;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

15A NCAC 27 .0102          RESERVED FOR

FUTURE CODIFICATION

 

15A NCAC 27 .0103          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0104          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0105          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0106          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0107          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0108          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0109          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0110          Types of certification

(a)  The following types of certification for well

contractors are established:

(1)           Level A certification: this level of

certification includes all well contractor activities and is required for

geothermal well and related loop installations;

(2)           Level B certification: this level of

certification includes all Level C well contractor activities; hydrofracturing;

and all well construction and all well drilling techniques except sonic, air

rotary and mud rotary drilling;

(3)           Level C certification: this level of

certification includes all Level D well contractor activities and grouting;

well abandonment; rehabilitating a well due to biofouling; well development

(eg.-pumping or surging); packer and liner installations; and extending casing

above land surface; and

(4)           Level D certification: this level of

certification includes breaking a well seal, installation of a pump or other

equipment in a well, and disinfection.

(b)  Each certified well contractor shall be assigned a

permanent certification number and shall be issued a certificate with that

certification number.  Certification numbers are not transferable and shall not

be used by another well contractor.

(c)  The certification number shall be carried by the well

contractor on a card issued by the Commission at all times when performing well

contractor activities.

(d)  A certified well contractor of the appropriate level

must be present at all times when well contractor activities are being

performed.

 

History Note:        Authority G.S. 87-98.2; 87-98.4;

87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. July 3, 2012; May 1, 2008.

 

SECTION .0200 – WELL CONTRACTOR FEES

 

15a NCAC 27 .0201          SCHEDULE OF CERTIFICATION FEES

The following fees are required for well contractor

certification applications, renewals and temporary certifications:

(1)           Annual Fee:  This fee shall accompany each new

application for certification or renewal of certification. The annual fees are

as follows:

                Level A:  two hundred dollars ($200.00)

                Level B:  one hundred fifty dollars ($150.00)

                Level C:  one hundred twenty five dollars ($125.00)

                Level D:  one hundred dollars ($100.00)

(2)           Examination Fee:  A fee of fifty dollars ($50.00)

shall accompany each request for examination.  Where an applicant requests an

examination to be administered at a time other than a regularly scheduled examination,

the fee shall be one hundred dollars ($100.00).

(3)           Temporary Certification:  A fee of one hundred

dollars ($100.00) shall accompany each application for temporary certification.

 

History Note:        Authority G.S. 87-98.5; 87-98.9;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2008.

 

SECTION .0300 - CERTIFICATION OF WELL CONTRACTORS

 

15a ncac 27 .0301          APPLICATION FOR CERTIFICATION

(a)  The Commission shall accept applications for

certification as a well contractor from any person who is at least 18 years of

age and whose application meets all the following conditions:

(1)           Each application shall be submitted on

current forms provided by the Commission, which are designed for requesting

certification as a well contractor by way of examination or reexamination and

must be completed and submitted with the appropriate fee(s) to the Commission

office;

(2)           Incomplete applications and applications

not accompanied by the appropriate fee(s) and attachments shall not be

processed and shall be returned to the applicant;

(3)           Each application shall contain proof of

experience as provided in Paragraph (d) of this Rule and proof of completion of

coursework as provided in Paragraph (e) of this Rule if applicable; and

(4)           Except for those applications where renewal

of certification is requested, each application shall include a request for the

well contractor examination.

(b)  The Commission shall not schedule an applicant to take

the required examination until the application has been reviewed and the

applicant has met all other conditions for certification. The applicant must

pass the examination within three consecutive attempts or within a one year

period of time after application submittal, whichever expires first, or a new

application shall be required. An applicant who has failed the examination

after three consecutive attempts shall be required to obtain eight CEUs prior

to resubmittal of an application for certification.

(c)  A certification shall not be issued until all

applicable fees have been received, the applicant passes the field observation

for Level A if required, the applicant passes the required written examination,

and a photograph is obtained of the applicant by a representative of the

Commission. 

(d)  Proof of full-time equivalent experience meeting the

requirements specified in Rule .0702 of this Chapter in level specific well

contractor activities obtained within seven years prior to application

submittal or previous certification by examination at a comparable or higher

level, shall be demonstrated by providing one of the following:

(1)           An affidavit on a form provided by the

Commission from at least one currently North Carolina certified well contractor

who has not committed any violation of either 15A NCAC 02C or this Chapter, or

any county well ordinance within the past two years, attesting that the

applicant has been working in well contractor activities under the supervision

of a certified well contractor of the desired level or higher for a minimum of

the required quantity of experience and submits appropriate payroll records as

proof;

(2)           Proof of previous certification by

examination as a well contractor in North Carolina at a comparable or higher

level; 

(3)           Proof of individual certification as a well

contractor in another state with comparable licensing or certification

requirements for a minimum of the required quantity of experience for the level

being sought and of activities appropriate to the level being sought and

submits appropriate payroll records as proof. A letter of good standing from

that state's well contractor licensing or certification organization must be

included showing the applicant has not violated well construction or licensing

rules of that State in the past five years; or

(4)           Any other specific proof of working in well

contractor activities for a minimum of the required quantity of experience. At

a minimum, the proof submitted shall demonstrate that the applicant has

received a level of instruction in well construction techniques and practices

appropriate for the level being sought.

(e)  The Commission shall approve a course of study whose

educational materials and program meets technical aspects of well

construction.  The course of study shall provide needs-to-know education for

the level being sought. The experience requirements for an applicant may be reduced

up to three months and the Level A field observation may be waived for

successful completion of the course.

 

History Note:        Authority G.S. 87-98.5; 87‑98.6; 87‑98.9;

143B‑301.11; S.L. 2001-440;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Codifier determined that findings did not meet criteria

for temporary rule on July 12, 2002;

Temporary Adoption Eff. September 12, 2002;

Amended Eff. May 1, 2011; May 1, 2008; August 1, 2004. 

 

SECTION .0400 - CERTIFICATION BY EXAMINATION

 

15a NCAC 27 .0401          SUBMITTAL AND PROCESSING OF

APPLICATIONS FOR EXAMINATIONS

(a)  An applicant for certification as a well contractor

shall submit a complete application for certification by examination to the Commission

with the appropriate fee(s) and, if applicable, proof of completion of

coursework as provided in Rule .0301(e) of this Chapter.

(b)  Upon receipt of the complete application by the

Commission, the application shall be reviewed for eligibility to take the

examination.

(c)  If the Commission determines that the applicant is

eligible for examination:

(1)           Level A applicants required to complete a

field observation shall be notified by the designee(s) in writing to schedule a

field observation. Once a field observation is successfully completed by the

applicant the designee(s) shall notify the applicant in writing of his or her

assignment to the next scheduled examination or requirement for an out-of-cycle

examination.  A successfully completed field observation will count toward the

application requirements for up to 60 months; and

(2)           All other approved applicants shall be

notified in writing of their assignment to the next scheduled examination.  The

notification shall advise the applicant of the date, time and place of the

examination and the required grade for passing the examination. The assigned

examination must be at least 30 days after the date of application approval.

(d)  If the designee(s) of the Commission determines that

the applicant is not eligible for examination, the designee(s) shall notify the

applicant in writing and advise of the reason for ineligibility.  Upon learning

of ineligibility, the applicant may request a meeting with the Commission,

relative to the ineligibility, if the applicant so desires.  Such requests must

be in writing and shall be submitted no later than 30 days following the date

of receipt of the letter of notification.  The Commission shall review the

request and grant or deny it no later than the second Commission meeting

following receipt of the request.  The applicant shall be given written notice

of the decision to grant or deny the request and the reasons therefore.

(e) Any applicant who knowingly supplies false information

on the application for certification for the purpose of gaining eligibility,

shall be ineligible for the examination and must forfeit the annual and examination

fees. Applicants who have intentionally supplied false information must also

wait 12 months before being eligible to resubmit an application for

certification.

 

History Note:        Authority G.S. 87-98.6; 87-98.9;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011; May 1, 2008.  

 

15A NCAC 27 .0402          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0403          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0404          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0405          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0406          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0407          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0408          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0409          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0410          WELL CONTRACTOR EXAMINATIONS

(a)  Well contractor examinations shall be comprehensive

examinations that are standardized statewide. The examinations shall be

designed to determine the applicant's knowledge of applicable rules; the

ability to perform well contractor activities; and the ability to supervise,

direct, manage and control the contracting activities of the well contracting

business. Examinations and field observations shall be conducted in English.

(b)  If a request for an accommodation in taking the

examination is based on a medical condition, the applicant shall submit, in

addition to a request form, supporting documentation from a physician.

(c)  A grade on the examination of 70 percent or more shall

be passing.  Results of the examination shall be reported as either passing or

failing.

 

History Note:        Authority G.S. 87-98.6; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011; May 1, 2008.  

 

15A NCAC 27 .0411          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0412          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0413          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0414          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0415          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0416          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0417          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0418          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0419          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0420          TIME AND PLACE OF EXAMINATION

An examination shall be given at least twice a year. 

Additional examinations may be scheduled by a representative(s) of the

Commission.  Information regarding the date, time, and place shall be made

available upon request.

 

History Note:        Authority G.S. 87-98.6; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

15A NCAC 27 .0421          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0422          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0423          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0424          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0425          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0426          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0427          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0428          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0429          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0430          CONDUCTING AND GRADING EXAMINATIONS

(a)  Examinations, prepared by members of the Commission or

its authorized representatives, shall be given only to those who, after filing

a complete application, have been determined to be eligible.

(b) To gain entrance to the examination, each applicant

shall identify him or herself by way of his or her driver's license or other

form of photographic identification reasonably satisfactory to the proctor and

with an admission ticket as provided by the Commission upon application

approval.

(c)  Examinations shall be conducted and graded under the

supervision of a representative of the Commission.

(d)  Representatives of the Commission who are supervising

the examinations may take appropriate action against applicants, including

dismissal from the examination, if cheating does occur.  If a North Carolina

certified well contractor assists an applicant in cheating on the examination, the

Commission shall revoke the certification in accordance with G.S. 87-98.8 and Rule

.0901 of this Chapter.

 

History Note:        Authority G.S. 87-98.6; 87-98.8;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

15A NCAC 27 .0431          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0432          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0433          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0434          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0435          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0436          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0437          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0438          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0439          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0440          EXAMINATION RESULTS AND ISSUANCE OF

CERTIFICATES

(a)  After an examination, the applicant shall be informed,

in writing only, by the Commission or its authorized representatives as to the

results of his or her examination.  If a passing score is obtained, such

notification constitutes certification by the Commission.  After each

examination, a list of those passing shall be drawn up and made a part of the

permanent records of the Commission.  Upon completion of the examination

process, applicants who pass the examination shall be issued a certificate.

(b)  Under normal circumstances, neither the examination

grade nor the examination paper of any applicant shall be made available to

anyone other than the members of the Commission and its authorized

representatives who assist in conducting and grading the examinations.  The

examination papers shall be held by the Commission in a secure location for a

period of six months following notification to the applicant.  Questions by the

applicant concerning the examination must be made in writing to the Commission within

six months of the notification date.  An applicant who fails to pass an examination,

and who is still eligible to retake the examination under their current

application, shall be entitled to and notified of the privilege to review his

or her examination, within six months of the applicant's failed exam, in the

presence of one or more Commission members or its authorized representative. 

 

History Note:        Authority G.S. 87-98.6; 87-98.8;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

SECTION .0500 - CERTIFICATION WITHOUT EXAMINATION

 

15a NCAC 27 .0501          CERTIFICATION BY LEGISLATIVE EXEMPTION

 

History Note:        Authority G.S. 87-98.7; 143B-301.11; S.L.

1997, c. 358, s. 9;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Repealed Eff. May 1, 2008.

 

15A NCAC 27 .0502          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0503          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0504          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0505          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0506          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0507          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0508          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0509          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0510          RECIPROCAL WAIVER OF EXAMINATION FOR

CERTIFICATION

(a)  The Commission may waive the examination requirement of

this Chapter for an applicant who is licensed or holds a certification to

practice well contractor activities in another state which also provides for

equivalent reciprocal waiver of examination for licensing or certification to

practice well construction activities in that state to North Carolina certified

well contractors.

(b)  The Commission may grant a waiver of the written examination

and field observation requirement to an applicant who provides evidence

satisfactory to the Commission that the applicant:

(1)           Meets the requirements for certification established

by the Commission under this Chapter; and

(2)           Became licensed or certified in the other state

after passing in that state an examination that is equal or comparable to the

examination for which the applicant is seeking the waiver.

 

History Note:        Authority G.S. 87-98.6; 87-98.7;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

15A NCAC 27 .0511          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0512          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0513          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0514          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0515          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0516          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0517          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0518          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0519          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0520          TEMPORARY CERTIFICATION

(a)  Temporary certification may be granted to any applicant

in accordance with the requirements of G.S. 87-98.7(c).

(b)  An applicant for temporary certification shall be

required to meet all the application criteria as outlined in 15A NCAC 27

.0301(a).

 

History Note:        Authority G.S. 87-98.6; 87-98.7;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000.

 

SECTION .0600 - CERTIFICATION RENEWAL

 

15a NCAC 27 .0601          CONDITIONS AND LIMITATIONS FOR RENEWAL

OF CERTIFICATIONS

(a)  Certification issued pursuant to this Rule shall not be

transferable and shall expire on June 30 of each year.  A certification may be

renewed without examination for ensuing years by making application to the

Commission, obtaining any required continuing education units, and paying the

renewal fee no later than the expiration date of the certification. Receipt by

the Commission of all required documentation and appropriate fee(s) shall

extend the validity of the current certification until a new certification is

received or the applicant is notified by the Commission that formal

administrative action has been taken to suspend, revoke or deny renewal of the

certification.

(b) A well contractor serving on temporary active duty in

the uniformed services of the United States for a period of time exceeding 80

consecutive days in a certification period, shall be granted an extension of

time for which to submit renewal fee with proof of orders, within 30 days of

completion of orders.

(c) If a certification is not renewed by June 30, or by the

extension of time granted in (b), the certification is expired. The contractor

is not to engage in well contractor activities, and is subject to disciplinary

action and civil penalties for any violation of the certification requirement.

Certification may be regained during this time by making application to the

Commission, submitting documentation for any required continuing education

units, and paying the renewal fee no later than 30 days from expiration or

renewal extension date of the certification. 

(d)  If a certification is not renewed within 30 days from

the June 30 or renewal extension expiration of the certification in accordance

with G.S. 87-98.7(b) and G.S. 87-98.9, the certification shall become void and

may be renewed only in accordance with the requirements of G.S. 87-98.7(b).

(e)  No application for a renewal shall be granted if the

applicant's certification is suspended until the period for such suspension has

expired.

(f)  No application for a renewal shall be granted until a

photograph of the applicant is obtained by a representative of the Commission

for use on the applicant’s wallet card.

(g)  Individuals certified under this program shall notify

the Commission within 30 days in writing regarding any change of their personal

or professional contact information.

(h)  The Commission shall notify the well contractor of

nonpayment of the annual renewal fee in accordance with G.S. 87-98.9.  Notice

shall be attempted by certified mail or personal service.

 

History Note:        Authority G.S. 87-98.6; 87-98.7(b);

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

CHAPTER 27 ‑ WELL CONTRACTOR CERTIFICATION RULES

 

SECTION .0700 - TYPES OF CERTIFICATION

 

15A NCAC 27 .0701          ESTABLISHMENT OF TYPES OF

CERTIFICATION

 

History Note:        Authority G.S. 87-98.5; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Temporary Adoption Expired September 30, 1999.

 

 

 

15A NCAC 27 .0702          REQUIREMENTS of CERTIFICATION

(a)  Level A- To obtain Level A certification, an applicant

must:

(1)           Submit proof of 18 months of level specific

well contractor experience as specified in Rule .0110 of this Chapter or submit

a combination of proof of successful completion of approved training as

specified in Paragraph (e) of Rule .0301 with proof of level specific well

contractor experience; 

(2)           Satisfactorily complete the well contractor

certification field observation or submit proof of successful completion of

approved training as specified in Paragraph (e) of Rule .0301; and then

(3)           Pass the Level A written examination.

(b)  Level B- To obtain Level B certification, an applicant

must:

(1)           Submit proof of 12 months experience in level

specific well contractor activities as specified in  Rule .0110 of this Chapter

or submit a combination of proof of successful completion of approved training

as specified in Paragraph (e) of Rule .0301 with proof of level specific well

contractor experience; and

(2)           Pass the Level B written examination.

(c)  Level C- To obtain Level C certification, an applicant

must:

(1)           Submit proof of six months experience in level

specific well contractor activities as specified in  Rule .0110 of this Chapter

or submit a combination of proof of successful completion of approved training

as specified in Paragraph (e) of Rule .0301 with proof of level specific well

contractor experience; and

(2)           Pass the Level C written examination.

(d)  Level D-To obtain Level D certification, an applicant

must:

(1)           Submit proof of six months experience in level

specific well contractor activities as specified in  Rule .0110 of this Chapter

or submit a combination of proof of successful completion of approved training

as specified in Paragraph (e) of Rule .0301 with proof of level specific well

contractor experience; and

(2)           Pass the Level D written examination.

(e)  If a certificate issued under this Section is not

renewed under G.S. 87-98.7, or is revoked, the well contractor must apply for

certification by examination in order to be recertified.

 

History Note:        Authority G.S. 87-98.5; 143B-301.11;

Eff. May 1, 2008;

Amended Eff. May 1, 2011.

 

15A NCAC 27 .0703          Level D CERTIFICATION WITHOUT

EXAMINATION

15A NCAC 27 .0704          CERTIFICATION WITHOUT EXAMINATION IN

2008

 

History Note:        Authority G.S. 87-98.5; 143B-301.11;

Eff. May 1, 2008;

Repealed Eff. May 1, 2011.

 

section .0800 – continuing education requirements

 

15a ncac 27 .0801          REQUIREMENTS

(a)  Every certified well contractor shall obtain two

Continuing Education Units (CEU) each year for the first three years of the

contractor's certification. CEUs shall be earned during the renewal period. The

renewal period is July 1 through June 30.

(b)  If subject to disciplinary action, the certified well

contractor shall complete continuing education as required by the Commission

per G.S. 87-98.12.

(c)  Selection of courses and activities that meet the

requirements of Rule .0820 of this Chapter is the responsibility of the

certified well contractor. 

(d)  CEUs may be earned as follows:

(1)           completion of college courses or community

college courses;

(2)           completion of continuing education courses,

including correspondence, televised, videotaped, audiotapes, webinars, and

other courses/tutorials that provide a completion certificate;

(3)           teaching or instructing a course described

in Subparagraph (1) or (2) of this Paragraph;

(4)           attending or making presentations at

professional or technical events, including seminars, in-house courses,

workshops, meetings, conventions, or conferences; or

(5)           authoring published papers, articles, or

books.

 

History Note:        Authority G.S. 87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. July 1, 2015; May

1, 2011.

 

15A NCAC 27 .0802          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0803          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0804          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0805          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0806          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0807          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0808          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0809          RESERVED FOR FUTURE CODIFICATION

 

15a ncac 27 .0810          APPROVAL OF CONTINUING EDUCATION

COURSES

(a)  Courses shall be preapproved by a representative(s) of

the Commission no less than 30 days prior to the course date.

(b)  Course approvals shall expire June 30 of each

certification period for which they have been approved.

(c) Representatives of the Commission shall be allowed to

attend any approved course for the purpose of auditing without fee or advance

notice.

(d)  The Commission shall approve courses that instruct on

well contractor activities and the use of well contractor equipment, products,

and materials.  To be approved, courses and activities shall result in the

maintenance, improvement, or expansion of skills and knowledge related to the

practice of well contractor activities.  Additionally, requests for approval of

courses or activities shall include the following information:

(1)           course or activity content;

(2)           timed agenda for the course; 

(3)           all course or activity dates and locations;

(4)           qualifications of instructors (including

both education and experience); and

(5)           a sample of completion certificate or other

forms provided by or to be preapproved by the Commission for use in documenting

attendance.

(e)  CEU credit shall not be awarded for courses involving

sales of products to course attendees.

 

History Note:        Authority G.S. 87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. July 1, 2015; May 1, 2011.

 

15A NCAC 27 .0811          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0812          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0813          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0814          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0815          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0816          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0817          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0818          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0819          RESERVED FOR FUTURE CODIFICATION

 

15a ncac 27 .0820          DETERMINATION OF CREDIT

(a)  Courses or activities shall maintain, improve, or

expand the skills and knowledge related to the practice of well contractor

activities in order for a well contractor to receive credit. The Commission

shall award the stated hours of credit (CEU) for any approved and completed

course or activity in each of the following categories:

(1)           credit for college or community college

courses shall be 45 CEUs for receipt of a passing grade in the course,

regardless of the number of credits awarded by the college or community

college;

(2)           credit for continuing education courses,

including televised, videotaped, audiotapes, webinars, and other

courses/tutorials that provide a completion certificate shall be one CEU for

each hour of attendance;

(3)           credit for published papers, articles, and

books is 10 CEUs; or

(4)           credit for teaching or presenting in

Subparagraphs (1) and (2) of this Rule are double the stated credits.  Credit

for teaching or presenting is available only for the first time that a well

contractor teaches such a course or makes such a presentation. 

(b)  CEU credit shall not be awarded to an individual

certified well contractor for scheduled portions of a program where the

individual did not attend, was not awake, or in which the individual certified

well contractor did not personally participate.

 

History Note:        Authority G.S. 87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. July 1, 2015; May 1, 2011.

 

15A NCAC 27 .0821          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0822          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0823          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0824          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0825          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0826          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0827          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0828          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0829          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0830          RECORDKEEPING

The responsibility of maintaining records to be used to

support credits claimed is the responsibility of the contractor. To claim CEU

credit, the contractor or course provider shall provide documentation as

specified in this Rule to representatives of the Commission.  Documentation for

courses taken must be submitted during the certification period for which CEU

are being claimed or as noted in G.S. 87-98.7(b). Courses taken prior to the

current certification period shall not be accepted, unless an extension has

been granted as noted in Rule .0840(b) of this Chapter, Rule .0840(c) of this

Chapter or G.S. 87-98.7(b). The course provider shall be responsible for

submitting documentation as specified in this Rule for classes where 10 or more

certified well contractors are present.  Documentation to claim CEU credit is required

to include, but is not limited to:

(1)           A log showing the type of activity claimed,

sponsoring organization, location, duration, instructors name and CEU credits claimed

on forms provided by the Commission; and

(2)           Attendance verification records in the form of

completion certificates or forms provided or preapproved by the Commission.

 

History Note:        Authority G.S. 87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011; May 1, 2008.

 

15A NCAC 27 .0831          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0832          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0833          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0834          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0835          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0836          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0837          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0838          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0839          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0840          SPECIAL PROVISIONS FOR CONTINUING

EDUCATION

 

History Note:        Authority G.S. 87-98.12; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011;

Repealed Eff. July 1, 2015.

 

SECTION .0900 - PROCEDURES FOR DISCIPLINARY ACTIONS

 

15a NCAC 27 .0901          REVOCATION, RELINQUISHMENT OR

EXPIRATION OF CERTIFICATION

(a)  The Commission may suspend or revoke the certification

of a well contractor or issue a letter of reprimand in accordance with the

provisions of G.S. 87-98.8, G.S. 150B-3, and G.S. Chapter 150B, Article 3A.

(b)  The disciplinary committee is delegated the authority

to administer disciplinary action including a letter of reprimand, suspension

or revocation of the certification of a well contractor.  The Chairman shall

convene a disciplinary committee meeting to review the circumstances of any

proposed letter of reprimand, suspension or revocation.  Written notice of the

meeting of the committee shall be served on the well contractor personally or

by certified mail at least 15 days prior to the meeting, and shall contain the

following: the date, time, and place of the meeting; the disciplinary action

proposed; notice of the reasons for the proposed disciplinary action; and an

invitation to attend the committee meeting and present facts and reasons why

the disciplinary action should not be taken.  If served by mail, the notice

shall be addressed to the well contractor at his or her last mailing address on

file with the Commission.

(c)  The disciplinary committee shall consist of the

following:

(1)           The Chairman;

(2)           Two members of the Commission, appointed by

the Chairman:

(A)          a member who is a certified well contractor; and

(B)          a member who is an environmental health professional

actively engaged in well inspection and permitting.

(d)  The disciplinary committee members shall consider the

facts and reasons in support of or against the proposed disciplinary action,

and within 10 working days of the conclusion of the committee meeting, the

committee shall make and issue a decision.  The disciplinary committee shall

report the decision to the Commission at its next scheduled meeting.

(e)  The  well contractor shall be informed of the

disciplinary committee's decision in writing, which shall contain the

following:  the disciplinary action, if any, which has been taken; notice of

the reasons for the action; and a statement giving the well contractor the opportunity

for a hearing under G.S. Chapter 150B, Article 3A.

(f)  The notice shall be served on the well contractor

personally or by certified mail.  If notice cannot be given personally or by

certified mail, then notice shall be given in the manner provided in G.S. 1A-1,

Rule 4(j1).  The notice shall also state that, to obtain a hearing, the well

contractor must file a written request for a hearing with the Commission at its

business address no later than the 30th day following the date of receipt of

the disciplinary committee's written decision.  A hearing request which is

mailed satisfies the 30 days' filing requirement if the hearing request is received

no later than the 30th day following the date of the receipt of the written

decision.

(g)  The disciplinary action shall become the final action

of the Commission if the well contractor does not request a hearing within 30

days.

(h)  Certification may be relinquished by submission to the

Commission of the original certificate, wallet card and a notarized statement

of relinquishment.

(i)  If a letter of reprimand is issued, a copy of the

letter shall be kept in the well contractor's file and a copy must be sent to

the well contractor's employer of record.  The well contractor shall be given

the opportunity to put a letter of rebuttal into the file when a reprimand has

been issued.

 

History Note:        Authority G.S. 87-98.8; 143B‑300;

150B‑3; 150B‑38; 150B‑40; 150B‑43;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011; May 1, 2008.

 

15A NCAC 27 .0902          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0903          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0904          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0905          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0906          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0907          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0908          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0909          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0910          RECERTIFICATION FOLLOWING REVOCATION

OR RELINQUISHMENT

(a)  After revocation or relinquishment has been effective

for a period determined by the Commission, a person may apply in writing for

recertification by the Commission, including in his petition any relevant facts

concerning changes to conditions under which revocation or relinquishment

occurred.  Such facts shall show that the applicant shall comply with the laws

and regulations.

(b)  After revocation, Level A applicants must also pass the

field observation prior to written examination.

(c)  Within 120 days following receipt of a complete application

for recertification, the Commission shall notify the applicant by letter of its

decision to deny or grant examination eligibility in accordance with procedures

set out in Rule .0301 of this Chapter.  Additional eligibility requirements

including a show cause conference may be imposed by the Commission. 

Eligibility shall be granted only if there is substantial evidence that the

conditions leading to the revocation or relinquishment have been corrected.

(d)  Recertification of a person as a well contractor shall

only occur by means of application, field observation if applicable and

examination.  The examination(s) shall not be waived.  The applicant shall meet

the eligibility requirements set forth in Rule .0301 of this Chapter.  The

applicant shall not be eligible for temporary certification under G.S.

87-98.7(c).

(e)  Upon notification of the Commission's decision to deny

eligibility, the applicant may appeal the decision pursuant to the procedures

contained in G.S. 150B, Article 3A.

 

History Note:        Authority G.S. 87-98.8; 143B‑301.11;

150B‑3; 150B‑43;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011.

 

15A NCAC 27 .0911          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0912          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0913          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0914          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0915          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0916          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0917          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0918          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0919          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0920          NOTIFICATION TO THE DEPARTMENT

The Commission shall notify the Department of all actions

taken in accordance with this Section.

 

History Note:        Authority G.S. 87.98.8; 143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000.

 

15A NCAC 27 .0921          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0922          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0923          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0924          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0925          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0926          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0927          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0928          RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 27 .0929          RESERVED FOR FUTURE CODIFICATION

 

15a NCAC 27 .0930          CIVIL PENALTIES

(a)  Civil Penalties may be assessed by the Secretary

against any person who directly commits or causes a violation of the provisions

of the North Carolina Well Contractors Certification Act or any rule adopted thereunder. 

Each day of a continuing violation shall be a separate violation.

(b)  The Commission shall make the final agency decision in

civil penalties assessed by the Secretary and shall exercise its quasi-judicial

powers in accordance with G.S. 150B.

 

History Note:        Authority G.S. 87-94; 87.98.4;

143B-301.11;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000.