Section 312IAC13-12-3. Denial of a new, renewal, or restoration license as a water well driller or water well pump installer

   (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:

(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.

(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:

Director, Division of Hearings

Natural Resources Commission

Indiana Government Center North

100 North Senate Avenue, Room N501

Indianapolis, Indiana 46204-2200.

  (c) If:

(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)