Section 0400-45-09-.06 - LICENSES(1) Issuance. An applicant recommended by the Board and approved by the Commissioner or the Commissioner's designee shall be issued a license to engage in the type of business for which he has applied and has demonstrated a satisfactory level of competency to perform. The Commissioner or the Commissioner's designee may issue a restrictive license, which may allow a license holder to operate under limited conditions such as well closure operations only.(a) Driller applicants shall be issued either one or combination of four licenses: 1. A water well driller license to construct wells for the production of water, (W for water wells).2. A geothermal well driller license to drill closed loop geothermal boreholes and install closed loops in closed loop geothermal boreholes, (G for geothermal).3. A monitor well driller license to construct wells for monitoring ground water, (M for monitor).4. A well closure license to close and abandon wells, (C for well closure and abandonment).(b) Installer applicants shall be issued one or a combination of three licenses:1. A license to install pumps on water wells, (P for pump installation on water wells).2. A license to install closed loops or droplines for heat transfer in closed loop geothermal wells, (L for closed loop or dropline installation in closed loop geothermal boreholes).3. A license to install water treatment on water wells, (T for Treatment on water wells).(c) A wallet-sized card bearing the name of the licensee, type or class of license, expiration date, license number and signature of the Commissioner or the Commissioner's designee will be issued to the licensee and shall be carried on the person whenever engaged in the well or drilling contracting or installer business.(d) All licenses issued pursuant to these rules shall be valid for a period not to exceed one year and shall expire on July 31 following the date of issuance.(e) Reciprocity to drillers and installers licensed in other states will be granted by the Department provided the applicant makes a written request for reciprocity and the applicant meets the requirements of the written exam as required under paragraph (6) of Rule 0400-45-09-.05, the applicant is currently licensed in the state for the same category and in good standing in that state and reciprocal privileges have been granted by that state to a licensee in Tennessee. An oral interview will not be required.(f) A licensee shall not allow any individual to operate under his license unless the individual to be supervised by the licensee is employed by the licensee and holds an installer or rig operator card. Proof of employment must be on file with the Department prior to commencement by the employee of any activities requiring supervision. Proof of employment shall consist of a notarized Affidavit of Supervision.(g) All persons licensed by the Department under these rules shall keep the Department advised of their current address and must readily accept all mail sent to them by the Department.1. The Department shall be notified of any change of address, phone number, company name or addition of a company name within thirty (30) days of the change.2. For purposes of these rules, registered or certified mail sent with proper postage to the licensee's last known address shall be considered adequate notification regardless of whether it is accepted or returned unclaimed.3. Because of the Department's duty to supervise license holders and because written communication is a necessary aspect of such supervision, a licensee's refusal to accept mail or failure to claim registered or certified mail is a violation of these regulations and may result in enforcement action.(h) All holders of licenses shall, when requested by the Director, give twenty-four (24) hour advance notice to the Division of Water Resources upon which any well construction or reconstruction for any part thereof, any well closure, well development or the installation of any pumping equipment or water treatment devices shall take place. This notification shall include the owner's name, address and location of the work site.(i) In order to renew any license or combination of licenses, the licensee shall submit to the Commissioner satisfactory proof of the required credit hours of training approved by the Board of Ground Water Management or Director completed during the previous license year. Five (5) credit hours will be required to renew any license for the license period beginning August 1 through July 31 of the following year. First year license holders not previously licensed for any installer or driller category will not be required to obtain continuing education credits for their first year of renewal. Second and subsequent year license holders will be required to obtain continuing education credits thereafter to renew a license or combination of licenses.(j) Approved training shall be designed to improve, advance or extend the licensee's professional skill and knowledge relating to the ground water industry such as well drilling, pump installation and water treatment courses. Training may consist of any of the following, provided there is satisfactory proof of completion acceptable to the Commissioner or Board:1. Courses, seminars, workshops or lectures;2. Extension studies and correspondence courses;3. Papers published in professional journals and requiring peer review;4. Lectures and scheduled courses at national or regional meetings of the National Ground Water Association, Tennessee Water Well Association or its successors;5. College-level or postgraduate course work given by accredited college or university.6. Assignment of Credit (i) For courses for which continuing education units (CEUs) have been assigned, one CEU is equal to fifty minutes of instruction, that is approved by the Board;(ii) Credits shall be approved on an hour for hour basis for attendance at an approved training program;(iii) Credits are approved on a two for one hour basis for the instructor of an approved program;(iv) One credit hour is approved for attendance at the annual National Ground Water Association Convention or South Atlantic Jubilee;(v) One credit hour is approved for attendance at a state association convention;(vi) Credits are approved on a credit hour for credit hour basis for a course, seminar or workshop approved by the National Water Well Association for continuing education;(vii) Credit hours may not be carried over to a new CEU cycle.7. Procedures for Approval of Activities(i) Activities submitted for approval shall be on a form provided by the Director and shall include the following information: (I) Description of course or activity matter;(II) Length of activities in hours;(III) Name of instructor and qualifications;(IV) Date, time and location.(ii) A change in subject matter, length or instructor requires approval by the Director.8. Proof of Continuing Education(i) The licensee is responsible for the submission of proof of all approved training. Inability of the applicant to substantiate credit hours submitted is grounds for disallowance of the credits in question.(ii) Proof of continuing education consists of:(I) Official transcripts from educational institution;(II) A certificate or other documentation signed by the instructor or sponsor of the training attesting to the satisfactory completion of the training;(III) Other documentation determined by the Director in light of the nature of training, to establish that training was actually received by the applicant.(iii) A licensee who fails to satisfactorily complete the required continuing education credits due to an unusual event such as an incapacitating illness or similar unavoidable circumstances may make a written request to the Board of Ground Water Management for an extension of time. The board may set conditions as deemed appropriate to renew a license. All requests by licensees for an extension of time must be made in writing with supporting documentation.(2) Renewal. Before a license can be renewed, a license holder in good standing must file an application for renewal on a form made available by the Director and submit with the completed application the annual fee as specified in the Act and continuing education credits on or before July 31 of each year.(a) Upon approval by the Commissioner a renewal license will be issued for a period not to exceed one year and shall expire on July 31.(b) A renewal certificate shall consist of a wallet-sized card in duplicate containing at least the name of the license, type or class of license, license number, expiration date and signature of the Commissioner or the Commissioner designee. One section of the card shall be kept with the original license certificate and the duplicate shall be carried by the licensee whenever engaged in the water well business.(c) If the application and fee for renewal of a licensee is not received by the Director by the date of expiration, that license cannot be renewed and the license holder must file a new application to obtain a valid license.(d) A duplicate license to replace any lost, destroyed or mutilated license will be issued by the Director upon receipt of written request from the licensee and a payment of fifteen dollars ($15) to cover the cost of reissuance.(e) If a licensee's employees will at any time be in charge of well or borehole construction, or pump or water treatment installation, or closed loop installation in the absence of the licensee, he shall request the Director to issue a wallet-sized identification operator card for them. This card shall bear the name of the employee to whom it is being issued and the signature and license number of the licensee under whose supervision the work is being performed. The card shall be carried by the licensee's employee at all times at the work site.(f) A decal shall be issued for identification purposes for each drilling rig, water truck, pump truck, and water treatment equipment vehicle used by a drilling contractor or installer. The decal shall be prominently displayed where it can be seen at all times from outside the vehicle.(g) Decals furnished for drilling rigs and service vehicles are not transferable. The decals shall be removed and destroyed when a drilling rig or service vehicle is sold, traded or otherwise disposed of. A new decal for a newly acquired drilling rig or service vehicle will be provided without cost upon receipt of a written notice of acquisition of a different drilling rig or service vehicle.(h) All drill rigs, water trucks, pump trucks, and water treatment equipment vehicles used by drillers and installers shall be permanently and prominently marked on the driver side door of the rig or vehicle for easy identification with the company name or name of the license holder. The letters shall be bold in print, on a background of contrasting color, and not less than two (2) inches in height. Portable magnetic signs will not be allowed unless the signs are permanently attached to the vehicle.(i) If the application, renewal fee or requirements for continuing education are not received by the Director by the date of expiration, the license shall expire. Expired licenses may be reissued without examination or board appearance if the renewal fee and application are submitted within twelve (12) months of the date of expiration, all requirements for continuing education have been met and no additional monies are owed to the Department.Tenn. Comp. R. & Regs. 0400-45-09-.06
Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective 9/17/2015.Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.