Utah Admin. Code 655-4-8

Current through Bulletin 2024-17, September 1, 2024

Section R655-4-8 - License and Operator Registration Renewal

8.1 Well Driller and Pump Installer Licenses. The Division will mail to each licensed well driller and pump installer a notice packet to renew the license about 30 days before the expiration of the license. Failure to receive the notice does not relieve a licensee of an obligation to file application and pay the fee for renewal in a timely manner. A well driller shall notify the Division of any change in mailing address within 30 days after the change.

8.1.1 Well driller licenses and Pump Installer licenses shall expire and be renewed according to the following provisions:

a. The licenses of well drillers and pump installers whose last name begins with A through L shall expire at 12 midnight on June 30 of odd numbered years.

b. The licenses of well drillers and pump installers whose last name begins with M through Z shall expire at 12 midnight on June 30 of even numbered years.

c. Drillers and pump installers who meet the renewal requirements set forth in Subsection R655-4-8 (8.1.2) on or before the expiration deadlines set forth in Subsection R655-4-8 (8.1.1) shall be authorized to operate as a licensed well driller or pump installer until the new license is issued. If a licensee does not complete the renewal requirements by the license expiration date, the license will become inactive, and the licensee must cease and desist all regulated work until the license has been renewed.

d. Licensees must renew their licenses within 24 months of the license expiration date. Licensees failing to renew within 24 months of the license expiration date must re-apply for a license, meet all the application requirements of Subsection R655-4-3 (3.2) if re-applying for a well driller's license or Subsection R655-4-3 (3.4) if re-applying for a pump installer's license, and provide documentation of 12 hours of continuing education according to the requirements of Subsection R655-4-8 (8.2) obtained within the previous 24 months.

8.1.2 Applications to renew a license must include the following items:

a. payment of the license renewal fee determined and approved by the legislature;

b. written application to the state engineer;

c. documentation of continuing well driller bond coverage in the amount of $5,000 penal bond for the next licensing period. The form and conditions of the well driller bond shall be as set forth in Subsection R655-4-3 (3.9). Allowable documentation can include bond continuation certificates and CD statements;

d. as applicable to the type of license, proper submission of all Start Cards, official well driller reports, also known as well logs, pump installer reports, also known as pump logs, and well abandonment reports for the current licensing period;

e. documentation of compliance with the continuing education requirements described in Subsection R655-4-8 (8.2). Acceptable documentation of attendance at approved courses must include the following information: the name of the course, the date it was conducted, the number of approved credits, the name and signature of the instructor and the licensees name; for example, certificates of completion, transcripts, attendance rosters, or diplomas. Licensees are advised that the state engineer will not keep track of the continuing education courses each licensee attends during the year. Licensees are responsible to acquire and then submit documentation with the renewal application.

8.1.3 License renewal applications that do not meet the requirements of Subsection R655-4-8 (8.1.2) by June 30 of the expiration year or which are received after June 30 of the expiration year, will be assessed an additional administrative late fee determined and approved by the legislature.

8.1.4 Restricted, conditioned, limited, or denied renewal applications

8.1.4.1 The state engineer may renew a license on a restricted, conditional, or limited basis if the licensee's performance and compliance with established rules and construction standards show the scope of the licensee's permitted activities should be reduced or that the licensee requires strict supervision during a probationary period.

8.1.4.2 The restricted, conditional, or limited license shall state the restrictions, conditions, or limitations placed on the licensee's regulated activity; whether the restrictions, conditions, or limitations are permanent or time-limited; and the requirements, if any, which must be met for the license to be re-issued without restrictions, conditions, or limitations.

8.1.4.3 The state engineer may deny an application to renew a license if there has been a violation of this rule or Section 73-3-25 that casts doubt on the competency of the licensee or the licensee's willingness to comply with the well drilling administrative requirements or construction standards.

8.1.4.4 Within 30 days of a license renewal application being denied or a license being renewed on a restricted, conditioned, or limited basis, a licensee may appeal the action by requesting a hearing according to Section R655-4-7.

8.1.4.5 The restrictions, conditions, or limitations on a license or the denial of a license shall remain effective during the pendency of the well driller or pump installer adjudicative proceeding.

8.2 Continuing Education.

8.2.1 During each license period, licensed well drillers and pump installers are required to earn at least 12 continuing education credits by attending training sessions approved, sponsored or sanctioned by the state engineer. Drillers and pump installers who do not renew their licenses, but who intend to renew within the following 24 month period allowed in Subsection R655-4-8 (8.1.1), are also required to earn 12 continuing education credits.

8.2.2 The state engineer will develop criteria for the training courses, approve the courses that can offer continuing education credits, and assign the number of credits to each course.

8.2.3 The state engineer shall assign the number of continuing education credits to each proposed training session based on the instructor's qualifications, a written outline of the subjects to be covered, and written objectives for the session. Licensees wishing continuing education credit for other training sessions shall provide the state engineer with all information it needs to assign continuing education requirements.

8.2.4 Licensed drillers must complete a state engineer-sponsored "Administrative Rules for Well Drillers and Pump Installers" review course or other approved rules review once every four years.

8.2.5 CE credits cannot be carried over from one licensing period to another.

8.3 Operator's Registration.

8.3.1 Drill Rig and Pump Rig operator registrations shall expire at the same time as the license of the well driller or pump installer by whom they are employed. Operators who meet the renewal requirements set forth in Subsection R655-4-8 (8.3.2) on or before 12 midnight June 30 of the expiration year shall be authorized to act as a registered operator until the new registration is issued. Operators must renew their registrations within 24 months of the registration expiration date. Operators failing to renew within 24 months of the registration expiration date must re-apply for an operator's registration and meet all the application requirements of Subsections R655-4-3 (3.3) and R655-4-3 (3.5).

8.3.2 Applications to renew an operator's registration must include the following items:

a. Payment of the registration renewal fee determined and approved by the legislature;

b. Written application to the state engineer.

8.3.3 Registration renewal applications that do not meet the requirements of Subsection R655-4-8 (8.3.2) by the June 30 expiration date or that are received after the June 30 expiration date will be assessed an additional administrative late fee determined and approved by the legislature.

8.4 Shallow Water Well Constructor Licenses. The Division will mail to each licensed shallow water well constructor a notice packet to renew their license about 30 days before the expiration of the license. Failure to receive the notice does not relieve a licensee of the obligation to file application and pay the fee for renewal in a timely manner. The licensee shall notify the Division of any change in the licensee's mailing address within 30 days after the change.

8.4.1 Shallow water well constructor licenses shall expire and be renewed according to the following provisions:

a. The licenses whose last name begins with A through L shall expire at 12 midnight on June 30 of odd numbered years.

b. The licenses whose last name begins with M through Z shall expire at 12 midnight on June 30 of even numbered years.

c. Licensees who meet the renewal requirements set forth in Subsection R655-4-8 (8.4.2) on or before the expiration deadlines set forth in Subsection R655-4-8 (8.4.1) shall be authorized to operate as a licensed shallow well constructor until the new license is issued. If a licensee does not complete the renewal requirements by the license expiration date, the license will become inactive, and the licensee must cease and desist all regulated work until the license has been renewed.

8.4.2 Applications to renew a license must include the following items:

a. Payment of the license renewal fee determined and approved by the legislature;

b. Written application to the state engineer;

c. As applicable to the type of license, proper submission of all Start Cards, official well driller reports, also known as well logs, pump installer reports, also known as pump logs, and well abandonment reports for the current licensing period;

8.4.3 License renewal applications that do not meet the requirements of Subsection R655-4-8 (8.4) by June 30 of the expiration year or which are received after June 30 of the expiration year, will be assessed an additional administrative late fee determined and approved by the legislature.

Utah Admin. Code R655-4-8

Amended by Utah State Bulletin Number 2018-9, effective 4/9/2018

Adopted by Utah State Bulletin Number 2022-15, effective 7/26/2022