Wyo. Code R. 037-0002-1
Water Well Drilling Contractors/Water Well Pump Contractors Board
Chapter 1: General Provisions
Effective Date: 12/29/2004 to 07/18/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0002.1.12292004
Section 1. Authority. The State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors, hereinafter the 'Board', is authorized by W.S. 33-42-101 through 33-42-111, hereinafter the 'Act'. Pursuant to W.S. 33-42-107, the Board shall from time to time adopt such rules and regulations consistent with the Laws of the State of Wyoming as may be deemed necessary in the performance of its duties.
Section 2. Statement of Purpose. These rules and regulations are adopted to implement the authority of the Board to provide certification and standards of practice for certified water well drilling contractors and certified water well pump installation contractors in Wyoming and provide for enforcement and proper administration of the provisions of the Act.
Section 3. Definitions. The definitions set out in statute W.S. 33-42-102 are hereby incorporated by reference into these rules and regulations. In addition, in the statutes and these rules, unless the context otherwise requires, the following definitions of terms shall apply:
(a) 'Board' means the State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors.
(b) 'Bona fide employee' means an individual working under the direct supervision of a certificate holder and receiving compensation, and whose work product is the responsibility of the certificate holder.
(c) 'Certificate holder' means a person who has been granted certification or has been certified to practice any profession authorized to be certified pursuant to W.S. 33-42-101 through 33-42-111.
(d) 'Direct Supervision' means that the work product has been critically examined and evaluated for compliance with appropriate contracting standards by a certificate holder in that profession.
(e) 'Good moral character and repute' means the certification applicant:
(i) Has not been convicted of a felony involving dishonesty, fraud, misrepresentation, embezzlement, theft, forgery, perjury, bribery or breach of fiduciary duty within five (5) years of application for certification;
(ii) Has not been convicted of any crime involving moral turpitude related to the applicant's proposed area of practice within five (5) years of application for certification;
(iii) Is not currently incarcerated in a penal institution;
(iv) Has not engaged in fraud or misrepresentation in connection with the application for certification or related examination;
(v) If previously certified in this state, or registered in another state, or foreign country, has not had their certification/registration canceled, revoked, suspended or not renewed for cause within the last five (5) years of applying for certification/registration;
(vi) Has not been found by a court or any other state board of practicing without registration in another jurisdiction within the United States within two (2) years of application for certification.
(f) "Gross negligence" means a substantial deviation in contracting from the standard of professional care exercised by members of the certificate holder's profession, or a substantial deviation from any technical standards issued by a nationally and/or state recognized contracting organization comprised of members of the certificate holder's profession, or a substantial deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the certificate holder's contracting practice.
(g) "Incompetence" means to lack the professional qualifications, experience, education, or combination thereof to undertake a contracting engagement or assignment.
(h) "Other misconduct" means:
(i) Conviction of any crime reasonably related to the practice of the certificate holder's profession;
(ii) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;
(iii) Suspension or revocation of a contracting license or certification by this state or by any other jurisdiction;
(iv) Knowingly acting, or failing to act, in violation of any provisions of W.S. 33-42-101 through 33-42-111, or rules of the Board, or any federal or state law or regulation, local ordinance, regulation, or code related to the practice of the certificate holder's profession.
(i) "Resident" means a person who has maintained his/her primary residence in Wyoming and not claimed residence in any other state for one (1) year or more immediately prior to the filing of the application for certification.
(j) "Resident Business Organization" means:
(i) a business organization which has maintained its principal office and place of business within Wyoming for one (1) year or more immediately prior to the filing of its application for certification and which is owned entirely by residents; or
(ii) a corporation organized under the laws of Wyoming which has been in existence for one (1) year or more immediately prior to the filing of its application for certification, whose president is a resident, which maintains its principal office and place of business in Wyoming and either a. a majority of the issued and outstanding shares of stock in the corporation are owned by residents; or
b. one (1) or more classes of its shares are publicly traded and registered under Section 13 or 15(b) of the Securities and Exchange Act of 1934.
(k) 'Underground water' means any water, including hot water and geothermal steam, under the surface of the land or under the bed of any stream, lake or reservoir; (l) 'Water well drilling contractor' means any person responsible for or causing the construction, equipping, test pumping or development of any water well for compensation or otherwise as provided by this act;
(l) 'Water well drilling contractor' means any person responsible for or causing the construction, equipping, test pumping or development of any water well for compensation or otherwise as provided by this act;
(m) 'Water Well Minimum Construction Standards' shall mean the State of Wyoming, State Engineer's Office regulations and instructions, Part III, Revised January 1974, and subsequent revisions.
(n) 'Water well pump installation contractor' means any person who is in the business of installing pumping equipment in water wells for compensation or otherwise as provided by this act;
(o) 'Well' means any artificial opening in the ground for the production of groundwater or the disposal of water underground, including developed springs, test wells, monitoring wells, geothermal or heat exchange wells, drive points and excavations for the purpose of artificial recharge to the groundwater bodies or disposal of wastes. The term 'well' does not include excavations made for the dewatering of construction sites, mines or oil and gas wells, and the prospecting for and removal of mineral products, nor wells for the production of the media for secondary oil recovery.