Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9

Affected: IC 4-21.5-3-6; IC 4-21.5-4; IC 25-39-4

Sec. 2. (a) The division may seek to suspend or revoke the license of a water well driller or water well pump installer who has done any of the following:

1. (1) Acted as a well driller or water well pump installer without a license in violation of IC 25-39.
2. (2) Secured a license through error or fraud.

3. (3) Failed to comply with the requirements set forth in any of the following:

   1. (A) IC 25-39-4-1, IC 25-39-4-2, IC 25-39-4-4, IC 25-39-4-5, or IC 25-39-4-6.
   2. (B) 312 IAC 13-2 through 312 IAC 13-10.

(b) An action under this section is governed by IC 4-21.5-3-6 and shall be initiated by the division with the issuance of a written notice directed to the person who is the subject of the action. The notice shall include the following:

1. (1) A brief description of the order for suspension or revocation. An order for a license suspension shall not exceed a period of effectiveness that exceeds ninety (90) days.

2. (2) A declaration that the recipient of the order may seek:

   1. (A) a stay of effectiveness of the suspension or revocation;
   2. (B) review of the suspension or revocation; or
   3. (C) both a stay of effectiveness and review of the suspension or revocation;

3. by making a written request within eighteen (18) days of issuance addressed to:

   1. Director, Division of Hearings
   2. Natural Resources Commission
   3. Indiana Government Center North
   4. 100 North Senate Avenue, Room N103
   5. Indianapolis, Indiana 46204-2273.

(c) An order issued by the division under subsection (b) is effective fifteen (15) days after issuance unless the recipient of the order obtains a stay of effectiveness. This subsection does not preclude the department from issuing, under IC 4-21.5-4, an emergency or other temporary order with respect to the license.

(Natural Resources Commission; 312 IAC 13-12-2; filed Nov 22, 1999, 3:34 p.m.: 23 IR 774; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed May 20, 2011, 3:28 p.m.: 20110615-IR- 312110002RFA; filed Dec 20, 2011, 1:55 p.m.: 20120118-IR-312110332FRA; readopted filed Jul 19, 2017, 3:45 p.m.: 20170816-IR-312170132RFA; errata filed Aug 16, 2017, 2:55 p.m.: 20170823-IR-312170389ACA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230069RFA)