Administrative Rule Review Report  #AR11-022

Legislative Service Office

17-May-11

AGENCY: Board of Examining Water Well Contractors and Water Well Pump Installation Contractors.

DATE SUBMITTED: May 9, 2011.

SUBJECT: Chapter 1, General Provisions; Chapter 2, Organization; Chapter 3, Fees; Chapter 4, Licensure; Chapter 5, Regulatory Provisions; Chapter 6, Practice and Procedure; Chapter 7, Continuing Professional Competency; and Chapter VI, Business Organization (Repealed).

NATURE OF RULES:            Legislative and procedural.

STATUTORY AUTHORITY: W.S. 33-42-107(a)(iv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.  Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date. 

SUMMARY OF RULES:                    The rules amend the requirements and process and procedure for licensure of well drilling and pump contractors.  The revisions include general housekeeping items, such as  modifications of formatting and changing the terminology of “certification” to “licensure” throughout the chapters. 

In addition, the revisions create and define the role and responsibilities of the executive director, which include the oversight and administration of the licensure procedure and process, conducting investigations in the event of an alleged violation of the licensure requirements, conducting and coordinating the Board’s meetings, handling budgetary issues, serving as a hearing officer if necessary and maintaining the Board’s website. 

In addition, the amended rules provide for additional professional conduct requirements for licensed well drilling and pump contractors, adding several broad professional responsibilities for doing business in the State, such as prohibiting any misrepresentation, fraud and deceit and requiring compliance with all state and federal laws, etc. The requirements also include obtaining continuing education to maintain licensure, mandating insurance coverage, imposing a conflict of interest standard, and prohibiting misrepresentation of any kind as required by the State Engineer’s Office.  While the amendments struck certain specific prohibitions, such as multiple payments for the same service without disclosure, these activities would likely still be prohibited given the broad nature of the additional professional responsibility requirements. 

These rules also provide for fees associated with obtaining or maintaining licensure, and outline the application review, complaint and hearing process associated with licensure of well drilling and pump contractors. 

In addition, the Board repealed Chapter IV, Business Organizations in its entirety.  The rules on this subject had not been utilized by the Agency in the past.  The rules instead provide for licensure of individuals over the age of eighteen (18) in accordance with W.S. 33-42-108(a)(i).

FINDINGS:     The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:         That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency. 

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Tania Hytrek

Staff Attorney

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Lynda G. Cook

Staff Attorney

TSH/