15a NCAC 27 .0910         RECERTIFICATION FOLLOWING REVOCATION OR RELINQUISHMENT

(a)  After revocation or relinquishment has been effective for a period determined by the Commission, a person may apply in writing for recertification by the Commission, including in his petition any relevant facts concerning changes to conditions under which revocation or relinquishment occurred. Such facts shall show that the applicant shall comply with the laws and regulations.

(b)  After revocation, Level A applicants must also pass the field observation prior to written examination.

(c)  Within 120 days following receipt of a complete application for recertification, the Commission shall notify the applicant by letter of its decision to deny or grant examination eligibility in accordance with procedures set out in Rule .0301 of this Chapter. Additional eligibility requirements including a show cause conference may be imposed by the Commission. Eligibility shall be granted only if there is substantial evidence that the conditions leading to the revocation or relinquishment have been corrected.

(d)  Recertification of a person as a well contractor shall only occur by means of application, field observation if applicable and examination. The examination(s) shall not be waived. The applicant shall meet the eligibility requirements set forth in Rule .0301 of this Chapter. The applicant shall not be eligible for temporary certification under G.S. 87-98.7(c).

(e)  Upon notification of the Commission's decision to deny eligibility, the applicant may appeal the decision pursuant to the procedures contained in G.S. 150B, Article 3A.

History Note:        Authority G.S. 87-98.8; 143B‑301.11; 150B‑3; 150B‑43;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2017.