AS 08.18.029.  Water Well System and Pump Installation Contractors

(a)    Water Well system Contractor

    (1)  The Department may not issue a certificate of registration as a water well system contractor to an applicant unless the applicant is, or employs, a person currently licensed as a water well construction administrator under AS 08.58.

    (2)  Each applicant for a water well system contractor certificate of registration may employ more than one water well construction administrator.

    (3)  If the relationship of the only water well construction administrator with a registered water well system contractor terminates, the registration is void 30 days after such termination unless the water well system contractor has hired a licensed water well construction administrator in the interim.

(b)    Pump Installation Contractor

    (1)  The Department may not issue a certificate of registration as a pump installation contractor to an applicant, unless the applicant is or employs, a person currently licensed as a pump installation administrator under AS 08.58.

    (2)  Each applicant for a pump installation contractor's certificate of registration may employ more than one pump installation administrator.

    (3)  If the relationship of the only pump installation administrator with a registered pump installation contractor terminates, the registration is void 30 days after such termination unless the pump installation contractor has hired a licensed pump installation administrator in the interim.

(c)  In addition to the requirements of this section, a registered water well system contractor must satisfy the bonding and insurance requirements of a general contractor and a registered pump installation contractor must satisfy the bonding and insurance requirements of a specialty contractor.

AS 08.18.030  Certificate of Registration; Renewal.

(a)    A certificate of registration shall be renewed under the same requirements as for an original registration.  The commissioner shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

(b)    The commissioner may not issue a certificate of registration or renew the registration of an applicant whose registration has been revoked or suspended or against whom a fine has been imposed under this chapter until the period of revocation or suspension has expired and any fine has been paid.

CHAPTER 58.  WATER WELL CONSTRUCTION AND PUMP INSTALLATION ADMINISTRATORS

AS 08.58.005.  Purpose of AS 08.58.005-08.58.130

The purpose of AS 08.58.005 - 08.58.130 is to protect the health and safety of people in the state from the danger of contaminated potable water or environmental contamination due to improperly drilled water wells and/or improperly installed pumps in water wells by providing a procedure to ensure,

(a)    the public that persons responsible for drilling water wells or installing pumps in water wells in this State are qualified, and

(b)    a sufficient number of persons are so qualified, and

(c)    those persons are properly insured, bonded, and financially responsible.

AS 08.58.010.  Categories of Licenses

The Department shall issue licenses for:

(a)    Water well construction administrators and

(b)    Pump installation administrators

AS 08.58.020.  Requirements for Licensing

(a)    A person is eligible to receive a license as a water well construction administrator if he possesses a current valid certification as both a water well driller (CWD) and a pump installer (CPI) from the National Ground Water Association.

(b)    A person is eligible to receive a license as a pump installation administrator if he possesses a current valid certification as a pump installed (CPI) from the National Ground Water Association.

AS 08.58.030. License Required

(a)    A person may not act as a water well administrator or a pump installation administrator in the State without a license issued by the department unless the person is covered by an exclusion under AS 08.58.040.

(b)    A person licensed under AS 08.58.005 - AS 08.58.130 may perform work only in a category for which the person is licensed.

AS 08.58.040.  Exclusions

(a)    AS 08.58.005 - 08.58.130 do no apply to any utility or municipality engaged in maintenance of a system for the production of potable water where the work is done on a system owned and operated by that utility or municipal water department.

(b)    AS 08.58.005 - 08.58.130 do not apply to a person engaged in, the manufacturing, maintenance, and/or repair of water well drilling equipment.

(c)    Work within the exclusionary provision of this section is nevertheless subject to the inspection provision of Section AS 08.58.060.

AS 08.58.050.  Application

An applicant for a license as a water well construction administrator or a pump installation administrator shall apply upon a form prescribed by the Department.

AS 08.58.060.  Fees

Each applicant and each licensee shall pay application and renewal fees established by regulations adopted under AS 08.01.065.

AS 08.58.070.  Inspections or Investigation by Department

The Department may:

(a)    do or assign to others a special investigation into the work of a licensee as it considers necessary;

(b)    issue subpoenas and process compelling the attendance of any person and the production of any documents, for the purpose of the investigation;

(c)    administer oaths, when required, and;

(d)    petition a court of the state to enforce subpoenas and process or to compel testimony.

AS 08.58.080.  Administrator Limited to One Registered Contractor

A person may not qualify for or operate as a water well construction administrator and/or a pump installation administrator for more than on registered contractor.

AS 08.58.090.  Responsibility of Administrator

(a)    A person licensed under AS 08.58.005 - 08.58.140 as a water well construction administrator is responsible for the drilling of a water well and the installation of a pump system on a water well.

(b)    A person licensed as a pump installation administrator is responsible for the installation of only a pump system on a water well.

AS 08.58.100.  Disciplinary Actions

(a)    The department may take the disciplinary actions set out in (d) of this section upon finding that

    (1)  the license application is fraudulent or misleading;

    (2)  the licensee has knowingly violated AS 08.58.005 - 08.58.140, or lawful order or regulation of the department;

    (3)  the licensee has demonstrated incompetence, or has engaged in fraudulent practices.

    (4)  the licensee has violated a state regulation governing the construction standards, environmental standards, or health and safety standards, for the construction of water wells or the installation of pumps in water wells.

(b)    Notice of a proposed disciplinary action under this section shall be given in writing, stating the grounds.

(c)    Proceedings for a disciplinary action under this section shall be governed by AS.44.62 (Administrative Procedure Act).

(d)    The department may take the following disciplinary actions under (a) of this section, singly or in combination:

    (1)    refuse to issue a license;

    (2)    permanently revoke a license;

    (3)    suspend a license for a specified period;

    (4)    censure or reprimand a licensee;

    (5)    impose limitations or conditions on the professional practice of a licensee;

    (6)    require a licensee to submit to peer review:

    (7)    impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

    (8)    impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.

(e)    The department may withdraw probationary status if the deficiencies that required the sanction are remedied.

(f)    The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety.  A person is entitled to a hearing before the department to appeal the summary suspension within seven days after the order of suspension is issued.  A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.

(g)    The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession in compliance with all applicable laws, regulations, and licensing requirements.

(h)    The department may accept the voluntary surrender of a license.  A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.

(i)    The department shall seek consistency in the application of disciplinary sanctions.

(j)    The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.

AS 08.58.110.  Cease and Desist Order; Citation

(a)    If the department determines that a person is acting as a water well construction administrator or a pump installation administrator in violation of AS 08.58.005 - 08.58.140, the department may issue a cease and desist order prohibiting further action by the person as a water well construction administrator or a pump installation administrator.  The cease and desist order remains in effect until the person has submitted evidence acceptable to the department showing that the violation has been corrected.

(b)    A person affected by an order issued under (a) of this section may seek equitable relief preventing the department from enforcing the order.

(c)    The department may also issue a citation for violations of this chapter.  The standard to be followed in issuing citations, shall be set forth in AS 08.18.117, and the citation procedure shall be as set forth in AS 08.18.118.  Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.

AS 08.58.120.  Injunctive Relief

The department may seek an injunction in the superior court to enjoin a person from violating AS 08.58.005 - 08.58.140.

AS 08.58.130.  Violation of AS 08.58.005 - 08.58.140

A person who knowingly violates AS 08.58.005 - 08.58.140, or who knowingly violates a valid regulation or order of the department that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $1,000.00 nor more than $5,000.00.

AS 08.58.140.  Definitions

In AS 08.58.005 - 08.58.130:

(1)    "Department" means the Department of Community and Economic Development

(2)    "Water well construction administrator" means the person who is responsible for constructing a water system for the production of potable water.

(3)    "Pump installation administrator" means the person who is responsible for the installation of a pump in a water well that is intended to produce potable water.

(4)    "Potable water" means water that is intended for human consumption, or for uses that involve the washing or preparation of food or drink products that are intended for human consumption, or for the washing of any equipment, dishes, utensils, or other object that comes in contact with food or drink that is intended for human consumption.

(5)    "Utility" means every corporation (whether public, cooperative, or otherwise) company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for furnishing potable water to the public.