Section 144-232-9-900.0 - COMPLAINTS AND INVESTIGATIONS900.1Written petitions: Complainants must petition the commission in writing within 24 months of completion of a water well or geothermal heat exchange well. Complainants must petition the commission within 24 months of the installation, repair or replacement of a pump system. A licensee must respond to a complaint filed with the Commission and provide requested information to the best of his or her ability within 14 days of the date of written notice unless a written request for additional time has been approved by the Commission.900.2Investigations: The commission or the Department shall investigate complaints and cases of noncompliance with, or violation of the applicable statutes or the well driller and pump installer code of performance adopted by the commission.900.3Third party investigators: At the commission's discretion, an investigation of an alleged violation may be conducted by a neutral qualified individual. Upon the filing of a complaint, in form satisfactory to the Commission, the licensee who is the subject of the complaint may petition the Commission within 30 days of notification of the complaint to have a neutral qualified individual other then the Commission's initial choice, acceptable to both the licensee and the Commission, appointed to conduct the investigation and report to the Commission. All costs and expenses charged by the licensee's neutral qualified individual shall be the responsibility of and paid for by the licensee.900.4Referrals: The commission may refer a complaint to the Attorney General.900.5Suspension and/or revocation: The commission will determine if a violation has occurred and shall notify the responsible well driller, well drilling company, closed loop geothermal installer, closed loop installation company, pump installer or pump installation company by certified or registered mail of the violation and order the responsible party to correct the violation within sixty (60) days of receipt of the notification, or within 48 hours of receipt of the notification if the commission makes a determination that the violation has resulted in a significant threat to public health, including but not limited to verified or potential contamination by pathogenic organisms. If the violation is not corrected within sixty (60) days, or within 48 hours of receipt of the notification if the commission makes a determination that the violation has resulted in a significant threat to public health, or if the commission finds a violation of any section of these rules, the commission may initiate revocation or suspension of the license of the responsible party or parties. The duration of the suspension shall be determined by the commission upon a review of the number of violations accumulated by the licensee, the severity of the violation and its potential impact on public health, and the level of cooperation with the commission by the licensee to resolve the violation. A violation committed by either a licensed well driller or licensed pump installer is chargeable against both the individual licensee and the company for whom the individual is employed. A registrant who receives a written notice of a violation or of a proposed revocation or suspension of license under this rule may request a hearing before the commission. The commission shall conduct a hearing in accordance with the Administrative Procedures Act and issue its decision within thirty (30) days of the request for a hearing. A decision of the commission under this rule is a final agency action.900.6Reinstatement: A well driller, well drilling company, closed loop geothermal installer, closed loop installation company, pump installer or pump installation company whose license has been suspended may apply for license reinstatement in writing after the duration of the suspension has elapsed, any fines levied by the commission have been paid in full and any corrective measures ordered by the commission have been completed. The commission may verify by inspection that corrective measures required by the commission have been properly completed prior to license reinstatement.10-144 C.M.R. ch. 232, § 9-900.0