N.J. Admin. Code § 7:9D-1.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:9D-1.10 - State Well Drillers and Pump Installers Examining and Advisory Board

(a) The nine members of the State Well Drillers and Pump Installers Examining and Advisory Board are appointed by the Commissioner or his or her designee.

(b) The Board shall be composed of the following:

1. Three master well drillers whose collective experience represents each geologic area of the State and each drilling method allowed under this chapter;

2. One member who is a well driller in any classification established by the Department;

3. One member not employed by the State and who has no pecuniary involvement in well drilling or pump installing;

4. Three representatives of the Department; and

5. One licensed pump installer.

(c) All Board members shall be appointed for a term of three years with three members appointed or reappointed each year.

1. A Board member may be removed by the Commissioner upon a determination that the Board member exhibited misconduct, incompetence, neglect of duty or for other good cause shown.

(d) Board members, except for those who are Department employees, shall receive reimbursement for travel expenses in accordance with departmental policies and procedures which the Department determines are necessary and incident to the position.

(e) At least once each year, the Commissioner shall call for meetings of the Board, having a quorum of five or more members of which at least three shall be licensees.

(f) The duties of the Board shall include, but not be limited to, the following:

1. Review applications for new licenses and make recommendations as follows:

i. Ascertain whether the applicants have met the qualifications and experience requirements set forth at N.J.A.C. 7:9D-1.8(a);

ii. Review exam results to determine if applicants have passed the required licensing exams set forth at N.J.A.C. 7:9D-1.8(a);

iii. Ascertain eligibility of the applicant consistent with N.J.A.C. 7:9D-1.8(a)2;

iv. Make a recommendation to the Department for the issuance or denial of an application for a license pursuant to this chapter; and

v. Review the compliance record of an applicant;

2. Make a recommendation to the Department concerning the renewal of a license by reviewing the applicant's compliance with the continuing education requirements at N.J.A.C. 7:9D-1.9(f);

3. Make a recommendation to the Commissioner for suspension or revocation of a license in accordance with (i) below;

4. Review and recommend courses that fulfill the continuing education point requirements set forth at N.J.A.C. 7:9D-1.9(f), in accordance with (j) below.

5. Review certification examinations required for licensure pursuant to N.J.A.C. 7:9D-1.8;

6. Review and modify the content of the New Jersey modules of the examinations required for licensure pursuant to N.J.A.C. 7:9D-1.8;

7. Recommend to the Department amendments to this chapter; and

8. Make a recommendation to the Department regarding alternative materials, technologies, or installation methods in accordance with N.J.A.C. 7:9D-2.8(c).

(g) The Board shall make recommendations on licensure or denial as follows:

1. An applicant may be recommended for licensure where:

i. The eligibility requirements related to work experience have been satisfied pursuant to N.J.A.C. 7:9D-1.8;

ii. A passing grade has been obtained on all required certifications; and

iii. A completed application has been submitted to the Department; and

2. An applicant may not be recommended for licensure where:

i. A final administrative order or judicial order has been issued pursuant to this chapter or the applicant has not complied with a final unstayed order issued by the Department;

ii. Supporting documentation for an application for a license uses experience from a well that was constructed in violation of this chapter;

iii. Another license issued to the applicant under this chapter has been revoked and/or the terms of the revocation have not been resolved;

iv. Another license issued to the applicant under this chapter has been suspended and the applicant has not resolved the issues related to the suspension; or

v. Payment or an arrangement to pay a final administrative penalty or a court-imposed penalty has not been made.

(h) A recommendation shall be adopted at the next scheduled meeting following completion of the written examination and submission of a complete application for a license required pursuant to N.J.A.C. 7:9D-1.8.

(i) For suspension or revocation of a license, the Board shall make recommendations to the Commissioner as follows:

1. Any complaint or charges made against a licensee indicating that the licensee may be or may have engaged in violation(s) of the Act or any rule adopted pursuant thereto, as stated at N.J.A.C. 7:9D-4.6(a), shall be submitted to the Board in writing pursuant to N.J.A.C. 7:9D-1.17 and sworn to by the complainant.

2. At the next scheduled Board meeting following filing of the sworn complaint or charges that are received at least 30 days prior to the next scheduled meeting, the Board shall determine if the complaint or charges shall be heard or shall be dismissed as unfounded or trivial. If the Board determines to hear the charges, the Board shall schedule a hearing within three months of the date on which the sworn complaint or charges were presented to the Board, unless the Board determines that good cause exists for delay.

i. The Board shall serve notice of the charges or complaint on the licensee by certified mail, return receipt requested, or personal service at the address on file with the Department, a minimum of 45 days prior to the date of the scheduled hearing. This notice shall include:

(1) The date, time, and place of the hearing;

(2) A copy of the sworn complaint or charges and any documentation regarding the complaint or charges;

(3) A statement of the licensee's right to appear personally or by counsel, to question witnesses regarding the complaint or charges and to produce evidence in the licensee's defense;

(4) The licensee's obligation, at least 30 calendar days prior to the hearing, to advise the Board if the licensee or counsel intends to appear at the hearing; and

(5) The licensee's obligation, at least 30 calendar days prior to the hearing, to provide to the Board any evidence, materials, statements, documents, list of witnesses, and any other information the licensee believes will assist the Board in making its recommendation.

ii. The Board may require by subpoena or in writing, the attendance of witnesses at the hearing and the production at the hearing of any books, papers, and/or documents as it may require;

iii. The Board shall hold the hearing to review the complaint and charges, and to hear testimony and receive evidence of the licensee, the Department, and any witnesses. At the hearing, the licensee shall have the right to appear personally and/or by counsel and to question witnesses and/or produce evidence in the licensee's defense.

iv. The Board shall review all evidence and testimony presented during the hearing and shall conduct deliberations in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

v. Subsequent to the conclusion of the hearing, the Board shall vote to dismiss the charges or to recommend that the Commissioner suspend a license for a period of less than one year or revoke it indefinitely. A recommendation may include conditions related to the recommended suspension or revocation.

vi. Subsequent to the conclusion of the hearing, if the Board recommends revocation or suspension, the Board shall submit the recommendation in writing to the Commissioner accompanied by all documentation reviewed during and resulting from the hearing and a detailed basis for the recommendation.

vii. The licensee and the Department shall be notified of the Board's recommendation.

3. After one year from the date of revocation and once all conditions of the revocation are satisfied, a person whose license has been revoked may apply for a new license pursuant to N.J.A.C. 7:9D-1.8(a).

4. A person whose license has been suspended may be reinstated, after the period of suspension has ended and all conditions of the suspension have been satisfied, upon review and approval of the Board.

(j) The Board shall review and recommend the seminars, workshops, training courses, college courses, or other means designated to fulfill the continuing education point requirements set forth at N.J.A.C. 7:9D-1.9(f), as follows:

1. The Board shall review a completed application made to the Department for the approval of a continuing education course pursuant to N.J.A.C. 7:9D-1.9(f) to ensure that it meets with the intent of the Act and covers subject matter related to the industry that is presented by a qualified instructor.

2. Course recommendations shall be reevaluated at the end of the three-year licensing cycle for which they were recommended;

3. The Board shall not recommend continuing education points for courses where:

i. The principal focus of the course is direct sales of products;

ii. The course provider does not provide a certification that all information required to be submitted to the examination and CEP manager, including, but not limited to, documentation related to the course and certification of attendance, will be submitted in the required format no later than the end of the continuing education period;

iii. The course instructor is not qualified in the subject area; and

iv. The course content is not related to the well drilling or pump installing industry.

N.J. Admin. Code § 7:9D-1.10

Amended by 50 N.J.R. 171(a), effective 1/2/2018

Amended by 53 N.J.R. 1489(a), effective 9/7/2021