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.
