Rule 770-7-.02 - Written Complaints, Enforcement, Hearings(1) The Council may consider suspension or revocation of a license or certificate upon receiving the results of an inspection performed by the Director or upon receiving a written complaint from a third party that the licensee or certificate holder in question has violated the Act or any law and rules of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this Act. Written complaints must be sent to the Council within two (2) years from the completion of the well or within one (1) year from the completion of the pump installation. (a) For third party written complaints, the Council will examine the contents of the complaint and then may either dismiss the complaint against a licensee or certificate holder based upon the written facts presented to the Council by the complaint, or notify the license or certificate holder of the complaint by certified mail or statutory overnight delivery and specify a time period for the licensee or certificate holder to show compliance with all lawful requirements for the retention of the license or certificate. 1. If the license or certificate holder satisfies the complaint within the specified timeframe, no further action will be required of the Council.2. If the complaint is not satisfied within the time period specified in the notice, the Council may elect to suspend or revoke the license or certificate or to request the Director conduct an inspection as described in Code Section 12-5-136. If the Council elects to request that the Director conduct an inspection, the Council shall review the results of that inspection and then either dismiss the complaint, suspend or revoke the license or certificate, request that the Director issue a Notice to Correct, or notify the license or certificate holder in writing that a hearing will be conducted in accordance with the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et seq.(b) For an inspection performed by the Director, the Council will examine the contents of the inspection and then may either determine not to pursue further enforcement or to notify the license or certificate holder of the inspection by certified mail or statutory overnight delivery and specify a time period for the licensee or certificate holder to show compliance with all lawful requirements for the retention of the license or certificate.1. If the license or certificate holder resolves the inspection violations within the specified timeframe, no further action will be required of the Council.2. If the inspection violations are not resolved within the time period specified in the notice, the Council may elect to suspend or revoke the license or certificate, request that the Director issue a Notice to Correct, or notify the license or certificate holder in writing that a hearing will be conducted in accordance with the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et seq.(2) In any situation where the Council elects to suspend or revoke a license or certificate without first conducting a hearing, the Council will inform the license or certificate holder in writing of that suspension or revocation, specifying which of the grounds in Rule 770-7-.01 apply.(3) In any situation where the Council elects to request that the Director issue a Notice to Correct, the Notice to Correct will describe the repairs necessary to correct the violations and specify the timeframe to make such repairs. If the licensee or certificate holder timely makes the identified repairs to the satisfaction of the Council and so notifies the Division by certified mail, then the Council will not pursue further enforcement. If the repairs identified in the Notice to Correct are not made within the specified timeframe, the Council may request that the Director place a demand on the licensee or certificate holder's bond or irrevocable letter of credit. The Director may use the proceeds from such bond or irrevocable letter of credit to contract with another licensee or certificate holder to perform the necessary repairs.(4) If a licensee or certificate holder contends that the Director's Notice to Correct is inappropriate, the licensee or certificate holder may request a hearing to be conducted in accordance with the Georgia Administrative Procedures Act O.C.G.A. 50-13-1, et seq. Such a request for a hearing must be sent to the Council within thirty (30) days of the date of the Director's Notice to Correct.(5) For any hearings conducted by the Council, the Council will notify the licensee or certificate holder in writing by certified mail or by hand delivery of the date, time and place of the hearing, together with a copy of any related complaint or inspection and any other relevant material. The notice will include all information required by the Georgia Administrative Procedures Act, O.C.G.A. 50-13-1, et seq., for contested cases.(6) After the conclusion of any hearing on a complaint related to alleged violations by a licensee or certificate holder, the Council shall issue such written findings documenting its decision as required by the Georgia Administrative Procedures Act, O.C.G.A. 50-13-1, et seq.(7) Any person whose license or certificate is expired, suspended or revoked or otherwise rendered invalid or ineffective shall not perform the duties of a water well contractor or pump contractor in the State of Georgia.(8) The licensee or certificate holder shall have the right to appeal any decision by the Council regarding a complaint in accordance with the Georgia Administrative Procedures Act (O.C.G.A. 50-13-1, et seq.).(9) The Council, by majority vote of the quorum, may reissue a license or certificate to any person whose license or certificate has been revoked upon written application to the Council by the applicant, showing good cause to justify such reissuance.Ga. Comp. R. & Regs. R. 770-7-.02
O.C.G.A. § 12-5-120 et seq.
Original Rule entitled "Written Complaints" adopted. F. Mar. 19, 1987; eff. Apr. 8, 1987.Repealed: New Rule of same title adopted. F. Aug. 7, 2006; eff. Aug. 27, 2006.Amended: New title, "Written Complaints, Enforcement, Hearings." F. Jan. 25, 2024; eff. Feb. 14, 2024.