Ind. Admin. Code tit. 312, r. 13-12-3 – Denial of a new, renewal, or restoration license as a water well driller or water well pump installer

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

Affected: IC 4-21.5-3-5; IC 4-21.5-4; IC 25-39-4

Sec. 3. (a) The division may refuse to grant, renew, or restore a license to a person who has done any of the following:

(1) Acted as a well driller or water well pump installer without a license in violation of IC 25-39.
(2) Secured a license through error or fraud.
(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 4-21.5-3-5 and shall be initiated by the division with the issuance of a written notice directed to the applicant and to any person who has requested notice under IC 4-21.5-3-5(b)(4). The notice shall include the following:

(1) A brief description of the denial order and the basis for the denial.
(2) A declaration that the recipient of the order may seek administrative review 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.

(1) the division orders the denial of a license renewal; and
(2) a timely and sufficient application was made for renewal of the license;

the existing license does not expire until the commission has disposed of a proceeding. 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 13-12-3; filed Nov 22, 1999, 3:34 p.m.: 23 IR 775; 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)