(a) General.

1. (1) A natural person obtaining the knowledge, skills, and abilities necessary to obtain a certificate of registration as a pump installer under the personal supervision of a registered pump installer or to obtain a certificate of registration as a water well driller under the personal supervision of a registered water well driller may apply to the Arkansas Natural Resources Commission for an apprenticeship certificate.

2. (2) Personal supervision.

   1. (A) “Personal supervision” means that the supervisor is at the job site with the apprentice or within two (2) hours’ traveling distance of the apprentice whenever the apprentice is working in well construction or pump installation.
   2. (B) When the supervisor is not physically present at the job site with the apprentice, the supervisor must be reachable at any time by wireless telephone or radio contact.
3. (3) Supervisor employment. A registered certificate holder serving as an apprentice supervisor shall be a full-time employee of the company hiring the apprentice.

(b) Requirements for apprenticeship certificate. All applicants for apprenticeship certificates must submit the following:

1. (1) Completed application form;

2. (2) Notarized letter from a registered certificate holder stating:

   1. (A) That he or she holds a certificate of registration in the same area or a comparable area sought by the apprenticeship applicant and that he or she has held that certificate for at least five (5) of the previous ten (10) years;
   2. (B) That he or she has no record of construction violations in the specialty area unless waived by the commission;
   3. (C) That he or she has no outstanding fines or fees owed to the commission;
   4. (D) That he or she is willing to serve in a supervisory capacity during the apprenticeship;
   5. (E) The number of apprentices, including the applicant, that the supervisor currently supervises or anticipates supervising within a year of drafting the letter will not exceed five (5); and
   6. (F) A description of the training program;
3. (3) Written statement from a contractor employing the supervisor whereby the contractor agrees to accept responsibility for the apprenticeship;
4. (4) Copy of driver’s license or other document illustrating that applicant is at least eighteen (18) years old; and
5. (5) Registration fee.

(c) Registration for concurrent apprenticeships.

1. (1) An applicant may register for both a drilling apprenticeship and a pump installer’s apprenticeship at the same time.
2. (2) Each registration will require separate registration fees.

(d) Transfer of supervisory authority.

1. (1) A supervisor may agree to temporarily transfer supervising responsibility to a person holding a certificate of registration in the area sought by the apprentice and employed by the same contractor.

2. (2) The supervisor to whom responsibility is temporarily transferred must:

   1. (A) Not already supervise more than five (5) other apprenticeships; and
   2. (B) Meet the requirements of subsection (b) of this section.

(e) Apprentice responsibilities.

1. (1) An apprentice's certificate may be revoked for engaging in prohibited activities.

2. (2) Driller apprentice responsibilities. A driller apprentice shall:

   1. (A) Represent his or her supervising driller during operations at the well site;
   2. (B) Not perform, or offer to perform, any services associated with water well drilling except under the personal supervision of a certified driller; and
   3. (C) Not perform, or offer to perform, any services associated with pump installation unless the apprentice holds a pump installer apprentice certificate or pump installer certificate of registration.

3. (3) Pump installer apprentice responsibilities. A pump installer apprentice shall:

   1. (A) Represent his or her supervising pump installer during operations at the well site;
   2. (B) Not perform, or offer to perform, any services associated with pump installation except under the personal supervision of a certified pump installer; and
   3. (C) Not perform, or offer to perform, any services associated with water well drilling unless the apprentice holds a driller apprentice certificate or driller certificate of registration.

(g) Eligibility to apply for driller and pump installer certification.

1. (1) Supervisor recommendation. After the apprentice has completed at least two (2) years of apprenticeship, the apprentice’s supervisor may send the commission a letter on the apprentice’s behalf stating that the apprentice is ready to sit for examination to obtain a certificate of registration as a water well driller or pump installer.

2. (2) Application by apprentice.

   1. (A) After the apprentice has completed two (2) years of apprenticeship, the apprentice may submit Internal Revenue Service W-2 Wage and Tax Statement forms demonstrating that he or she:

(i) Has spent two (2) years in the employ of a licensed water well contractor; and

1. (ii) Is ready to sit for the certificate of registration examination.

   1. (B) The commission will then approve or disapprove the apprentice to take the examination.
   2. (C) Inability to secure letter from supervisor. If after the apprentice has completed at least two (2) years of apprenticeship but is unable due to extenuating circumstances to secure a letter from his or her supervisor recommending that he or she be qualified to sit for examination, the apprentice may petition the commission to waive the requirement that he or she provide a letter from a supervisor prior to sitting for the examination.

(h) Renewal of apprenticeship certificate.

1. (1) An apprentice’s certificate shall be deemed expired on July 31 of each year.
2. (2) If the apprentice has knowingly violated commission rules or owes fees assessed by the commission, the commission may choose to deny renewal.

3. (3) A certificate must be renewed prior to the certificate’s expiration date by complying with the following requirements:

   1. (A) Submission of the renewal application form; and

   2. (B) Payment of an annual registration fee to the commission.

      1. (i) Change of responsible supervisor or contractor.
4. (1) If a supervisor terminates supervision of an apprentice, the contractor employing the apprentice must send a written statement to the commission stating the relationship has ended.
5. (2) In order to continue the apprenticeship, the apprentice must find another certificate holder to supervise him or her, and that new supervisor must send a notarized letter to the commission that meets the requirements of subsection (b) of this section.

(j)

1. (1) Apprenticeship program exemption.

   1. (A) A person who has previously held a water well driller or pump installer certificate of registration from the commission and seeks reinstatement shall not be required to complete the apprenticeship program.

   2. (B) A person seeking reinstatement shall pay the certificate of registration fee set out in 17 CAR § 11-304 and demonstrate via application that he or she:

      1. (i) Was previously registered in this state in the area of interest;
      2. (ii) Held the registration in good standing at the time of registration;
      3. (iii) Did not have his or her registration revoked for:

(b) (b) A violation of law, rule, or ethics;

1. (iv) Is not holding a suspended or probationary registration or license in any state; and

   1. (v) Is sufficiently competent in his or her area of interest by satisfactorily completing a competency examination approved by the commission.
   2. (C) If the person seeking reinstatement applies for reinstatement within a year of the expiration of his or her certificate, he or she will not be required to take the commission’s competency test.
2. (2) Continuing education. The commission may require the person to participate in continuing education consistent with this part.
3. (3) Reciprocity. A person shall not be required to comply with the requirement of this subsection to obtain reinstatement of a license if the person meets the requirements of reciprocity.