7 Del. Admin. Code § 7302-11.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7302-11.0 - Suspension Or Revocation Of License

11.1 Board Meeting

11.1.1 Whenever the Board obtains information that a licensee may be or may have been engaging in practices which are in violation of the laws, regulations or conditions of permits in relation to their license or when a licensee may no longer be performing their duties properly, the Board shall notify the license holder describing the alleged violation and requesting that the alleged offender appear before the Board to address the alleged violations or deficiencies and, if necessary, show cause why his or her license(s) should not be suspended or revoked.

11.1.2 The Board shall hold an informal meeting, open to the public, to review the alleged violations. The Board shall consider testimony of the license holder, the Department, any relevant witnesses, and the public and shall make a recommendation to the Secretary.

11.2 Secretary's Decision. The Secretary may suspend or revoke the license of a water well contractor, pump installer contractor, well driller, well driver or pump installer after considering the recommendations of the Water Well Licensing Board when it is found that the license holder:

11.2.1 Has practiced fraud, deception or concealment of material facts in obtaining a license or in the performance of their duties.

11.2.2 Has not used reasonable care, judgment or the application of their knowledge or ability in the performance of his or her duties.

11.2.3 Is incompetent or unable to perform his or her duties properly.

11.2.4 Has violated any provision of these regulations, other applicable regulations or permit condition(s), and any other environmental laws or regulations within the State of Delaware.

11.2.5 Has violated any lawful order, regulation, or rule rendered or adopted by the Department.

11.2.6 Is found guilty of misconduct in the pursuit of his or her profession.

11.3 Notification

11.3.1 Any person whose license has been suspended or revoked shall be notified in writing and provided the reason(s) for the decision.

11.4 Appeals. Any person whose license has been suspended or revoked may appeal to the Environmental Appeals Board pursuant to Title 7 Del.C., § 6008 within 20 days after receipt of the Secretary's decision.

11.5 License Suspension - Terms and Conditions

11.5.1 A person whose water well contractor or pump installer contractor license has been suspended shall not contract for the construction, abandonment, modification or repair of a well or for the installation, maintenance, repair or removal of a pump in or for a well; and shall not advertise, solicit business or receive payment as a water well contractor or pump installer contractor during the term of license suspension.

11.5.2 A person whose well driller or well driver license has been suspended shall not physically operate a well rig, construct, drill, bore, core, drive, dig, install, remove or repair a well, abandon a well, install a pump in or for a well, remove a pump from a well, modify a pump in or for a well, service a pump in or for a well, or undertake any activity that requires a license as a well driller or well driver during the term of license suspension.

11.5.3 A person whose pump installer license has been suspended shall not install a pump in or for a well, remove a pump from a well, modify a pump in or for a well, service a pump in or for a well, or undertake any activity that requires a license as a pump installer during the term of license suspension.

11.5.4 Vehicles or equipment used in any activity requiring a license pursuant to these regulations shall not bear the name or contractor's license number of the suspended license during the term of a water well or pump installer contractor license suspension.

11.5.5 Upon expiration of the term of suspension, the license of the suspended person, shall be deemed in good standing on the first calendar day after the term of suspension has expired. In cases where a license expires prior to the end of the suspension period, the licensee must comply with the requirements of section 6 of these regulations before the license is reinstated.

11.6 License Revocation - Terms and Conditions

11.6.1 A person whose water well contractor or pump installer contractor license has been revoked shall not contract for the construction, abandonment, modification or repair of a well or for the installation, maintenance, repair or removal of a pump in or for a well; and shall not advertise, solicit business or receive payment as a water well contractor or pump installer contractor until that person has first obtained a current Delaware water well contractor or pump installer contractor license.

11.6.2 A person whose well driller or well driver license has been revoked shall not physically operate a well rig, construct a well, drill, bore, core, drive, dig, install, remove or repair a well, abandon a well, repair or modify a well, install a pump in or for a well, remove a pump from a well, modify a pump in or for a well, service a pump in or for a well, or undertake any activity that requires a license as a well driller or well driver until that person has first obtained a current Delaware well driller or well driver license.

11.6.3 A person whose pump installer license has been revoked shall not install a pump in or for a well, remove a pump from a well, modify a pump in or for a well, service a pump in or for a well, or undertake any activity that requires a license as a pump installer during the term of license revocation and until that person has first obtained a current Delaware pump installer license.

11.6.4 Vehicles or equipment used in any activity requiring a license pursuant to these regulations shall not bear the name or water well or pump installer contractor's license number of the revoked license during the term of license revocation.

11.6.5 Upon completion of the term of revocation, the person may submit an application for a license under these regulations.

7 Del. Admin. Code § 7302-11.0

2 DE Reg. 997 (12/1/99)<linebreak/> 6 DE Reg. 801 (12/1/02)