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Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
The
Administrative History
following each Rule gives
			 the date on which the Rule was originally filed and its effective date, as well
			 as the date on which any amendment or repeal was filed and its effective date.
			 Principal abbreviations used in the Administrative History are as
			 follows:
f. - filed
eff. - effective
R. - Rule (Abbreviated only at the beginning of the control
			 number)
Ch. - Chapter (Abbreviated only at the beginning of the control
			 number)
ER. - Emergency Rule
Rev. - Revised
Note: Emergency Rules
are listed in each Rule's
			 Administrative History by Emergency Rule number, date filed and effective date.
			 The Emergency Rule will be in effect for 120 days or until the effective date
			 of a permanent Rule covering the same subject matter superseding this Emergency
			 Rule is adopted, as specified by the Agency.
Rules Chapters 770-1 entitled "Organization", 770-2 entitled
			 "Definitions", 770-3 entitled "Requirements for License", 770-4 entitled
			 "Applications and Examinations", 770-5 entitled "Fees", 770-6 entitled
			 "License", 770-7 entitled "Licensing by Transfer (Reciprocity)", and 770-8
			 entitled "Enforcement Proceedings" have been adopted. Filed July 13, 1978;
			 effective August 2, 1978.
Rules
			 770-4-.02 and
			 770-8-.02 have been amended. Filed
			 June 19, 1981, effective July 9, 1981.
Chapters 770-1 to 770-7 have been repealed and new Chapters
			 adopted. Chapter 770-8 has been repealed. Filed March 19, 1987; effective April
			 8, 1987.
Rules
			 770-3-.01,
			 .02,
			 770-4-.01,
			 770-5-.03 have been amended. Chapter
			 770-8 has been adopted. Filed June 3, 1998; effective June 23, 1998.
Chapters 770-1 to 770-7 have been repealed and new Chapters
			 adopted. Filed August 7, 2006; effective August 27, 2006.
Rules
			 770-1-.03,
			 .04,
			 770-2-.01,
			 770-3-.01,
			 .02,
			 770-4-.01,
			 770-5-.01,
			 .04, .08, .09,
			 770-6-.01,
			 770-7-.01,
			 .02,
			 770-8-.01 amended. F. Jan. 25, 2024;
			 eff. Feb. 14, 2024.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-1 - ORGANIZATION › Rule 770-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
(1) The Water Well
			 Standards Advisory Council will be organized and constituted as stated in the
			 Water Well Standards Act of 1985, O.C.G.A.
			 12-5-120,
et
			 seq.
(2) The Council shall
			 consist of eight members appointed in accordance with the Act.
(3) The Council shall elect a Chairperson
			 from among the members at the first meeting of the Council held in each
			 calendar year or by a vote of the Council whenever a vacancy exists.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-1 - ORGANIZATION › Rule 770-1-.02 - Administrative Agent

Current through Rules and Regulations filed through June 27, 2024
The Director or the Director's designee shall act as the
				administrative agent for the Council and shall perform such duties as may be
				prescribed by the Council or by law.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-1 - ORGANIZATION › Rule 770-1-.03 - Meetings

Current through Rules and Regulations filed through June 27, 2024
(1) The
			 Council shall meet at least three (3) times a year to carry out regular
			 business.
(2) The Chairperson or
			 the Director may call additional regular or special meetings as
			 necessary.
(3) Notice of the
			 meeting shall be given to all members of the Council at least ten (10) days
			 prior to the date of the meeting.
(4) Notice to the public shall be made in
			 accordance with the requirements of the Georgia Open Meetings Act, O.C.G.A. §
								50-14-1 et seq.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-1 - ORGANIZATION › Rule 770-1-.04 - Order of Business

Current through Rules and Regulations filed through June 27, 2024
The order of business shall be as follows:
(a) the Chairperson shall call the meeting to
			 order; or if the Chairperson is not present the quorum council shall choose a
			 temporary chairperson from the attendees to conduct the meeting;
(b) quorum check, four (4) members shall
			 constitute a quorum;
(c) approval
			 of minutes of previous meeting;
(d)
			 correspondence;
(e) reports of
			 Director including inspections and enforcement actions;
(f) reports of committees;
(g) unfinished business;
(h) new business;
(i) consideration of applications for
			 approval and licensing report;
(j)
			 announcements;
(k)
			 adjournment.
O.C.G.A. §
										12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-3 - APPLICATIONS AND EXAMINATIONS › Rule 770-3-.01 - Applications

Current through Rules and Regulations filed through June 27, 2024
(1) Any
			 person desiring to engage in the business of water well construction or the
			 business of pump installation in Georgia shall apply to the Council for a
			 license as a water well contractor or a certificate as a pump contractor,
			 respectively, in accordance with these Rules (770-1 to 770-8).
(2) All applications for licensing and
			 certification shall be submitted to the Division on forms approved and provided
			 by the Council.
(a) An application may not be
			 accepted by the Division for filing unless the application is complete and is
			 accompanied by the examination scores and required fee(s).
1. The application fee shall be set by the
			 Council. Check or money order shall be made payable to the Department of
			 Natural Resources.
2. The financial
			 assurance shall be either:
i. a performance
			 bond payable to the Director and issued by an insurance company authorized to
			 issue such bonds in this state; or
ii. an irrevocable letter of credit issued in
			 favor of and payable to the Director from a commercial bank or other financed
			 institution approved by the Director. The amount of the bond and irrevocable
			 letter of credit for a water well contractor shall be set by the Director in an
			 amount not to exceed $75,000. The amount of the bond or irrevocable letter of
			 credit for a pump contractor may be less but shall not exceed the amount of the
			 bond or irrevocable letter of credit for a water well
			 contractor.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-3 - APPLICATIONS AND EXAMINATIONS › Rule 770-3-.02 - Examinations

Current through Rules and Regulations filed through June 27, 2024
(1)
			 Examinations shall be given in a manner, time and place prescribed by a testing
			 provider approved by the National Ground Water Association.
(2) The examinations shall relate to the
			 applicant's knowledge of ground water, water well construction, pump
			 installation, and the general content of these Rules and the Act as
			 appropriate.
(3) Written
			 examinations for water well contractors and for pump contractors shall be
			 prepared by the National Ground Water Association.
(4) The examinations for a license for a
			 water well contractor or for a certificate for a pump contractor shall be
			 written tests administered by a provider designated by the National Ground
			 Water Association. All examination centers will be equipped to provide access
			 in accordance with the Americans with Disabilities Act (ADA) of 1990, and every
			 reasonable accommodation will be made in meeting a candidate's needs.
(5) The passing grade for any examination
			 taken by the applicant shall be seventy (70) percent.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-4 - FEES › Rule 770-4-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
All applicable fees for water well and pump contractors,
				including but not limited to fees for license and certificate application,
				license and certificate by reciprocity, restorations and duplicate copy of
				license and certificate, shall be set by the Council. However, water well
				contractor license renewal fees shall be set by the Division and pump
				contractor certificate renewal fees shall be set by the
				Council.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.01 - Issuance

Current through Rules and Regulations filed through June 27, 2024
(1) After
			 the applicant has passed all of the required examinations and submitted a
			 complete application, and after the Council has voted to approve an application
			 and the applicant has submitted all of the required items, the applicant shall
			 be issued a license or certificate, as appropriate, in a form approved by the
			 Council.
(2) Notwithstanding any
			 other provisions of law, a person licensed as a water well contractor pursuant
			 to Code Section
			 12-5-127 or certified as a pump
			 contractor pursuant to Code Section
			 12-5-138 is not required to be
			 licensed or certified under Chapter 14 of Title 43, when in the course of
			 constructing a water well, he or she makes certain electrical or plumbing
			 connections or performs other electrical or plumbing work incidental to the
			 drilling and construction of the well; provided, however, that any such
			 electrical and plumbing work meets or exceeds all applicable local, state, or
			 federal codes, whichever are most stringent.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.02 - Expiration of License and Certificate

Current through Rules and Regulations filed through June 27, 2024
All licenses and certificates expire biennially on the 30th day
				of June.
Authority O.C.G.A. Secs.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.03 - Renewal

Current through Rules and Regulations filed through June 27, 2024
Renewal of a water well contractor license must be accompanied
				by a renewal fee of the amount set by the Division, but not to exceed $400 per
				renewal period. Renewal of a pump contractor certificate must be accompanied by
				a renewal fee of the amount set by the Council, but not exceeding the fee for a
				licensed water well contractor.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.04 - Restoration

Current through Rules and Regulations filed through June 27, 2024
A licensee or certificate holder whose license or certificate
				has expired may have such license or certificate restored by applying for a
				water well contractor license or pump contractor certificate in accordance with
				Chapter 770-3 of these rules and payment of a restoration fee in the amount
				established by the Council.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.05 - Rig and Commercial Vehicle Identification

Current through Rules and Regulations filed through June 27, 2024
All rigs and commercial vehicles used by licensed water well
				contractors or certified pump contractors in well construction and/or pump
				installation operations shall be permanently and prominently marked on each
				side of the rigs or vehicles for identification with name of the person, firm
				or corporation, and letters "GA Lic." and/or "GA Cert." as appropriate with the
				water well contractor's license number or pump contractor's certificate number.
				The letters and numerals shall be bold in print, on a background of contrasting
				color, and not less than two (2) inches in height.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.06 - License and Certificate Display

Current through Rules and Regulations filed through June 27, 2024
The license or certificate granted under these rules shall be
				displayed in a conspicuous place at the water well contractor's or pump
				contractor's principal place of business.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.07 - Duplicate License and Certificate

Current through Rules and Regulations filed through June 27, 2024
A new license or certificate to replace any lost, destroyed, or
				mutilated license or certificate will be issued by the Council upon their
				approval of a written request from the licensee or certificate holder and a
				payment of a fee to be established by the Council.
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.08 - Water Well Construction Activities

Current through Rules and Regulations filed through June 27, 2024
(1) Any
			 person in a water well construction business who has been granted a Water Well
			 Contractor's license by the Council shall be responsible for water well
			 construction activities performed or approved by such person.
(2) Any approved activity by the licensee
			 shall be posted at the site of the activity on forms provided by the
			 Council.
(3) A water well
			 contractor's license is not required for a person who constructs a well on
			 his/her own or leased property intended for use only in a single-family house
			 which is his/her permanent residence or intended for use only for farming
			 purposes on his/her farm, for a well that produces less than 25,000 gallons per
			 day, so long as the waters to be produced are not intended for use by the
			 public or in any residence other than his/her own. However, a person is
			 prohibited from drilling a well or wells on property he or she owns and is
			 developing for resale unless such person has a license as a water well
			 contractor.
(4) All wells must be
			 constructed in accordance with the requirements set forth in the Act and
			 meeting the standards typically used in the industry. Further, any fluids used
			 in the drilling process must be disinfected or must be taken from a source
			 meeting all maximum contaminant levels provided for in the Georgia Safe
			 Drinking Water Act, O.C.G.A. §
								12-5-170 et seq. and the rules
			 promulgated thereunder.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-5 - LICENSE AND CERTIFICATE › Rule 770-5-.09 - Pump Installation Activities

Current through Rules and Regulations filed through June 27, 2024
(1) Any
			 person in a pump installation business who has been granted a pump contractor
			 certificate by the Council shall be responsible for pump removal, repair, and
			 installation activities performed or approved by such person.
(2) During any onsite removal, installation,
			 or service of a water well pump, the certified pump contractor shall make a
			 reasonable effort to maintain the integrity of ground water and to prevent
			 contamination, and shall perform such activities in accordance with generally
			 accepted standards and practices customarily used by competent pump
			 contractors.
(3) Following any
			 water well pump installation, removal or onsite service, the well and pumping
			 equipment shall be disinfected with chlorine applied so that a concentration of
			 at least fifty (50) parts per million of chlorine shall be obtained in all
			 wetted parts of the well and pumping equipment with a minimum contact period of
			 two (2) hours before pumping the well.
(4) All materials used in the replacement or
			 repair of any water well pump shall meet the requirements for a new
			 installation.
(5) A pump contractor
			 certificate is not required for a person who installs, removes or services a
			 pump on his/her own or leased property intended for use only in a single-family
			 house which is his/her permanent residence or intended for use only for farming
			 purposes for a well that produces less than 25,000 gallons per day, so long as
			 the waters to be produced are not intended for use by the public or in any
			 residence other than his/her own. However, a person is prohibited from
			 installing, removing or servicing a pump or pumping equipment on property he or
			 she owns and is developing for resale unless such person is licensed as a water
			 well contractor or certified as a pump contractor in Georgia.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.01 - License and Certificate by Reciprocity

Current through Rules and Regulations filed through June 27, 2024
(1) Any
			 person requesting licensing or certification by reciprocity shall complete and
			 submit an approved application form and performance bond or irrevocable letter
			 of credit accompanied by an application fee of an amount determined by the
			 Council. The Council may also elect to require any applicant for licensing or
			 certification by reciprocity to take an examination or examinations as
			 described in Rule
			 770-3-.02.
(2) The application shall be accompanied by a
			 copy of the applicant's valid and current water well contractor's license, pump
			 contractor's certificate, or equivalent, issued by another state, territory, or
			 possession of the United States.
(3) Reciprocity privileges may be granted to
			 water well contractors or pump contractors holding a valid license or
			 certificate from outside the State of Georgia only when the standards for the
			 non-Georgia licensing or certification are at least as stringent as Georgia's
			 and such other state, territory, or possession grants reciprocal privileges to
			 Georgia licensed or certified water well contractors or pump
			 contractors.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-6 - LICENSING AND CERTIFICATION BY RECIPROCITY › Rule 770-6-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A. Sec.
				12-5-120
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-7 - ENFORCEMENT PROCEDURES › Rule 770-7-.01 - Suspension and Revocation

Current through Rules and Regulations filed through June 27, 2024
The Council may suspend or revoke a license or certificate upon
				a finding of one or more of the following grounds:
(a) material misstatement in the application
			 for license or certificate or in any documents submitted as part of such
			 application;
(b) willful disregard
			 or violation of the Act or of any laws and rules of the State of Georgia
			 relating to wells, including any violation of standards or rules adopted
			 pursuant to this Act;
(c) willfully
			 aiding or abetting another in the violation of the Act or of any laws or rules
			 of the State of Georgia relating to wells, including any violation of standards
			 or rules adopted pursuant to this Act;
(d) incompetency in the performance of the
			 work of a water well contractor or pump contractor;
(e) making substantial misrepresentations or
			 false promises in connection with the occupation of a water well contractor or
			 pump contractor;
(f) failure to
			 provide and maintain on file at all times with the Director a valid, up-to-date
			 performance bond or irrevocable letter of credit in the amount determined by
			 the Director;
(g) failure to use
			 reasonable care, judgment or application of the well driller's or pump
			 contractor's knowledge or ability in the performance of the well driller's or
			 pump contractor's duties, or failure to properly perform well driller or pump
			 contractor duties;
(h) allowing an
			 unlicensed driller or an uncertified pump contractor to use or to work under
			 the licensed driller's license or a certified pump contractor's certificate,
			 respectively, in any way. However, this shall not apply to any Full-Time
			 Employee, licensed driller, certified pump contractor, or to a bona fide
			 Business Partner of the licensed or certified Water Well Contractor;
(i) failing to comply with any Notice to
			 Correct to the license or certificate holder, including failing to perform any
			 actions required in the Notice to Correct to address those violations, unless
			 the license or certificate holder requests a hearing in accordance with the
			 requirements of Rule
			 770-7-.02.
O.C.G.A. §
										12-5-120
et
				seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-7 - ENFORCEMENT PROCEDURES › Rule 770-7-.02 - Written Complaints, Enforcement, Hearings

Current through Rules and Regulations filed through June 27, 2024
(1) The
			 Council may consider suspension or revocation of a license or certificate upon
			 receiving the results of an inspection performed by the Director or upon
			 receiving a written complaint from a third party that the licensee or
			 certificate holder in question has violated the Act or any law and rules of the
			 State of Georgia relating to wells, including any violation of standards or
			 rules adopted pursuant to this Act. Written complaints must be sent to the
			 Council within two (2) years from the completion of the well or within one (1)
			 year from the completion of the pump installation.
(a) For third party written complaints, the
			 Council will examine the contents of the complaint and then may either dismiss
			 the complaint against a licensee or certificate holder based upon the written
			 facts presented to the Council by the complaint, or notify the license or
			 certificate holder of the complaint by certified mail or statutory overnight
			 delivery and specify a time period for the licensee or certificate holder to
			 show compliance with all lawful requirements for the retention of the license
			 or certificate.
1. If the license or
			 certificate holder satisfies the complaint within the specified timeframe, no
			 further action will be required of the Council.
2. If the complaint is not satisfied within
			 the time period specified in the notice, the Council may elect to suspend or
			 revoke the license or certificate or to request the Director conduct an
			 inspection as described in Code Section
			 12-5-136. If the Council elects to
			 request that the Director conduct an inspection, the Council shall review the
			 results of that inspection and then either dismiss the complaint, suspend or
			 revoke the license or certificate, request that the Director issue a Notice to
			 Correct, or notify the license or certificate holder in writing that a hearing
			 will be conducted in accordance with the Georgia Administrative Procedure Act,
			 O.C.G.A. 50-13-1, et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-8 - CONTINUING EDUCATION › Rule 770-8-.01 - Continuing Education

Current through Rules and Regulations filed through June 27, 2024
(1) All
			 persons seeking renewal of licenses or certificates are required to complete at
			 least four (4) hours of continuing education annually.
(a) In order to receive a license or
			 certificate renewal, each driller or pump contractor shall provide evidence to
			 the Council that the requisite hours of approved continuing education courses
			 or programs have been received.
(b)
			 In order to be acceptable for license or certificate renewal, continuing
			 education courses or programs shall have been received by the licensee during
			 the period two (2) years prior to license renewal date.
Compilation of Rules and Regulations of the State of Georgia › Department 770 - WATER WELL STANDARDS ADVISORY COUNCIL › Chapter 770-8 - CONTINUING EDUCATION › Rule 770-8-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1977, p. 1509 (Ga.
				Code Ann. Sec. 84-7506).
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise specifically indicated:
"Agency" means each state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases except those in the legislative or judicial branches.
"Lieutenant governor" means the lieutenant governor of the State of Hawaii.
"Office" means the office of the lieutenant governor.
"Person" or "Persons" includes individuals, partnerships, associations, corporations, public or private organizations or any character other than agencies.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-2 - Office

Current through June, 2024
(a) The principal address of the office shall be the Hawaii State Capitol Building, Honolulu, Hawaii. Unless otherwise specifically provided by law or by direction of the office, all communications to the office shall be sent to the lieutenant governor at such address.
(b) The office shall be open for the transaction of public business between the hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, inclusive, unless otherwise provided by statute or executive order.
(c) The lieutenant governor shall have charge of the official files and records of the office and shall be responsible for the maintenance and custody of the same, in addition to all papers and requests, findings and determinations, reports, opinions, rules and approved forms. All orders and other actions of the office shall be authenticated and signed, or otherwise authorized by the lieutenant governor or the duly authorized subordinate.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-3 - Public records and information

Current through June, 2024
(a) The term "public records" as used in this section, shall be defined as in § 92-50, Hawaii Revised Statutes. Public records include the rules, written statements of policy or interpretation formulated, adopted or used by the office, all final opinions, rulings and orders, the minutes of public meetings of the office, and any other material on file for public inspection in the office, but public records shall not include records which invade the right of privacy of an individual or which are deemed confidential pursuant to law.
(b) All public records shall be available for inspection by the public in the office during the established office hours unless public inspection of such records is in violation of any law.
(c) A person may request a copy of a public record and shall be entitled to the same, provided that the person pays the cost thereof, including the cost of printing and reproduction, publication and mailing, or in the case of a charge specified by law or by rule, such specified charge.
(d) Requests for public information, requests for permission to inspect public records and requests for copies of public records may be made by the public in writing to the lieutenant governor.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-4 - Petition for adoption, amendment or repeal of rules

Current through June, 2024
(a) A petition requesting the adoption, amendment or repeal of any rule of the lieutenant governor may be filed with the office. The petition shall include both the text of the affected rule according to the Ramseyer format and the text of the affected rule in its final form. The petition shall also clearly and concisely state: the exact changes to be made and the reasons for the changes; the final result to be expected by instituting the proposed adoption, amendment or repeal of the rule; full disclosure of the petitioner's interest including any relevant facts, views, arguments or data. The lieutenant governor may serve or require the petitioner to serve a copy of the petition on other persons or agencies known to be interested or affected thereby.
(b) Upon filing, the petition shall be given a docket number and become a matter of public record. Within thirty days after the filing of the petition, the lieutenant governor shall either deny the petition in writing, stating the reasons for the denial, or initiate proceedings for the adoption, amendment or repeal of the rule as provided by law.
(c) Notwithstanding any petition or the disposition thereof, nothing in this section shall operate to prohibit the lieutenant governor from adopting, amending or repealing the rules or from taking any action on any matter disclosed in the petition.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-5 - Public hearing for adoption, amendment or repeal of rules

Current through June, 2024
(a) The lieutenant governor or the duly authorized representative shall preside over the public hearing for the adoption, amendment or repeal of the rule. The hearing shall afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved; provided that the presiding officer shall have the authority and responsibility to take all other actions necessary to obtain a clear and competent record in an orderly manner.
(b) The hearing shall be held on the day and at the time and place designated in the notice of the hearing. A duly noticed hearing may be continued to a later time or date or to a different place if at the hearing the presiding officer first determines that the public interest would best be served by the continuance and further, that the continuance would not circumvent the spirit of this section. If the hearing is continued, notice of the new hearing shall be provided by announcing the new date, time and place at the original hearing and by giving reasonable notice to the public at large.
(c) At the commencement of the hearing, the presiding officer shall identify himself and his staff, read the notice of hearing, and outline briefly the procedure to be followed. Oral or written testimony may be received with respect to the matters specified in the notice of hearing and in such order as the presiding officer shall prescribe.
(d) All interested persons shall be given a reasonable opportunity to testify with respect to the matters specified in the notice of hearing. Every witness shall, before testifying, state his or her name and address, whom he or she represents at the hearing, and shall give such other information respecting his or her appearance as the presiding officer may request. Every witness shall be subject to questioning by the presiding officer or by any other authorized representative of the office, but no questions or cross-examination by the public shall be permitted without the presiding officer's permission.
(e) Unless otherwise specifically ordered by the presiding officer, testimony taken at the hearing need not be recorded verbatim.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 2-1-6 - Petition for declaratory rulings

Current through June, 2024
(a) A petition for a declaratory ruling as to the applicability of any statutory provision or the applicability of any rule or order of the lieutenant governor may be filed with the office. The petition shall clearly and concisely state: the pertinent statutory provision, rule or order; the nature of the problem or controversy; a complete statement of the relevant facts; the remedy being sought; the reasons for the petition including full disclosure of the petitioner's interest and the effect of the statutory provision, rule or order on the petitioner.
(b) Upon receipt of the filed petition and after an examination of the contents thereof, the lieutenant governor may conduct a hearing on the matter or require the petitioner to file additional data or memoranda.
(c) After complete review of the petition and the record thereof, the lieutenant governor may either dismiss or grant the petition, or issue any other declaratory order or ruling appropriate to the matter.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise specifically indicated:
"Affidavit" means the affidavit of publication executed by the officer of the newspaper stating that the notice has been published.
"Lieutenant governor" means the lieutenant governor of the State of Hawaii.
"Office" means the office of the lieutenant governor.
"Person" means any individual.
"Petitioner" means any person desiring to change the person's name, or, in the case of a minor, the parents or such parent who has custody of the minor, or the guardian of the minor, who submits to the office a petition for a change of name.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-2 - Petition for change of name

Current through June, 2024
(a) To change a person's name, a petition on the form prescribed shall be submitted to the office containing at least the following information describing the person whose name is to be changed:
(1) The person's present name and if a prior name change(s) had been granted, the date, place, name changed from and to, and the granting authority;
(2) Date and place of birth;
(3) Name of any past or present husband or wife, the date and place of the present marriage, the date and place of any divorces and the name of the court granting the divorce;
(4) Name of father and married and maiden names of mother, names of step-parents, names of legal parents, and names of adoptive parents;
(5) Names of of any minor and adult children and their dates and places of birth or a statement that the person has no children;
(6) State of residency and residence address. Post office boxes are not acceptable except on those islands and in those areas where no street addresses exist, and in that case the petitioner shall so state in the petition. A mailing address, if different from residence, shall be required;
(7) Whether or not the person is a convicted felon and if so, the date and place of the conviction and the type of felony. The petitioner shall fully explain the charges, the sentence, the terms of parole or probation, the date of final discharge of the sentence, whether there was a delayed acceptance of a guilty plea and, if there was a pardon, by whom the pardon was granted;
(8) A statement to the effect that the person is not changing the person's name to defraud creditors;
(9) The reason or reasons for the change of name; and
(10) Any other information as may be required by the office to substantiate or verify information contained in the petition.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-3 - Consent to change of name of minor and form of consent

Current through June, 2024
(a) The petition for the change of name of any minor shall be accompanied by a consent to the change of name signed by:
(1) The parents of the minor whether custodial or non-custodial; and
(2) The minor if the minor is ten years or older at the time the petition is filed.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-4 - Order of change of name

Current through June, 2024
The petition for the change of name shall contain an order of the change of name in the form prescribed by the lieutenant governor. The order shall be in two original forms with copies thereof, but more copies of the order may be submitted if desired.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-5 - Procedure following approval by the lieutenant governor

Current through June, 2024
(a) Once the petition has been approved a notice of change of name signed by the lieutenant governor shall be mailed to the petitioner.
(b) The petitioner shall have published the notice of change of name in a newspaper of general circulation in the State within sixty days of the signing of the notice by the lieutenant governor and shall deposit the original affidavit in the prescribed form with the office. If mailed, the date of the postmark shall be used in determining date of receipt. In any case where the affidavit is not in proper form as determined by the office, it shall not be considered received until it is in the proper form. The petitioner has the responsibility for ensuring that the affidavit is in the proper form and that it is received by the office by the deadline.
(c) The petition shall be void at the end of sixty days from the date of signing of the notice of change of name if the affidavit is not properly received by the office as set forth in subsections (a) and (b). In the case of a voided petition the filing fee shall not be transfered to any subsequent petition.
(d) The petitioner shall forward an original order to the bureau of conveyances of the department of land and natural resources.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-5.1 - Nonacceptance of petition for processing

Current through June, 2024
(a) The petition for change of name shall not be accepted for processing by the office unless it meets all the requirements specified by these rules.
(b) Where the petition is not accepted for processing, the petitioner shall be notified of the reasons for such nonacceptance. If petitioner subsequently submits a petition which is accepted, the filing fee paid for the nonaccepted petition shall be applied to the second, accepted petition.
(c) Where petitioner resubmits a petition which had previously not been accepted for processing and which has not been corrected, the petition shall be processed but final approval of the petition and the granting of the order shall be within the discretion of the lieutenant governor.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-6 - Procedure following denial by the lieutenant governor

Current through June, 2024
If the lieutenant governor decides to deny the petition, a notice of intent to deny shall be sent by certified or registered mail to the petitioner. The notice of intent to deny shall state that the lieutenant governor intends to deny the petition and shall include the reasons for the denial.
If the petitioner desires a hearing on the intent to deny, the petitioner shall, not later than 4:30 p.m. on the tenth day after receipt of the denial notice, file a statement with the lieutenant governor setting forth facts and arguments showing the reasons why the petition should not be denied. The lieutenant governor shall call a hearing not later than twenty days following receipt of the filed statement and notify the petitioner of the date, time and place of the hearing. The decision of the lieutenent governor shall be final and rendered not later than 4:30 p.m. on the seventh day following the hearing. If the petitioner does not file a statement within the time specified, the notice of intent to deny shall constitute final denial.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 1 - ADMINISTRATION › Chapter 2 - CHANGE OF NAME › Section 2-2-6.1 - Confidentiality of records and hearing

Current through June, 2024
Petitions on file with the office are confidential and not a matter of public record. The hearing on the denial of a petition shall be confidential and not open to the public.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 1 - GENERAL PROVISIONS › Section 2-71-1 - Purpose, scope, and construction

Current through June, 2024
The purpose of this chapter is to establish:
(1) Procedures and time limits that agencies shall follow when processing requests to inspect or copy government records under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes; and
(2) The fees that agencies may charge for searching for, reviewing, and segregating government records and a waiver of these fees when the public interest would be served. The fees set forth in this chapter are not intended to obstruct public access to disclosable government records, but rather are intended to allow agencies to recover some costs in providing access disclosable records upon request.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 1 - GENERAL PROVISIONS › Section 2-71-2 - Definitions

Current through June, 2024
Unless the context otherwise requires, in this chapter:
"Access" means inspection of disclosable government records, acquisition of copies of disclosable government records, or both, when requested by any person.
"Agency" shall be as defined in section 92F-3, HRS.
"Business day" means a government agency business day within the office hours set forth in section 80-1, HRS, excluding Saturdays, Sundays, and state holidays observed pursuant to chapter 8, HRS.
"Disclosable record" means a government record that is required to be made available for public inspection and copying under chapter 92F, HRS, after payment of applicable fees.
"Formal request" means a request that is in written, electronic, or other physical form that a person submits to an agency for access to records and that contains the information prescribed by section 2-71-12(b).
"Government record" shall be as defined in section 92F-3, HRS.
"Individual" shall be as defined in section 92F-3, HRS.
"Informal request" means a request, in any form, that a person submits to an agency for access to records and to which the agency responds in accordance with section 2-71-11.
"Maintain" means to hold, possess, preserve, retain, store, or administratively control.
"OIP" means the office of information practices, office of the lieutenant governor, State of Hawaii.
"Person" shall be as defined in section 92F-3, HRS.
"Personal record" shall be as defined in section 92F-3, HRS.
"Prepayment" means the fees that a requester must tender to the agency before the agency begins processing a request for records in accordance with section 2-71-19(b).
"Record" means one or more government records, or any portion thereof, requested for public inspection or copying.
"Requester" means any person making a request for . public inspection or copying of a government record under this chapter.
"Review" means to examine a government record, in response to a request for access to the record, in order to determine which portions, if any, of the record are exempt from disclosure by law. Review does not include the time spent by the agency, or another person, to resolve issues of general law or policy regarding the applicability of exceptions to disclosure under chapter 92F, HRS.
"Search" means to look for a government record, including page-by-page or line-by-line identification of a government record. A search may be performed manually or by computer using existing retrieval or programming capabilities.
"Segregate" means to prepare a government record for disclosure by excising any portion of the record that wills sot be disclosed under chapter 92F, HRS.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 1 - GENERAL PROVISIONS › Section 2-71-3 - Reporting to the OIP

Current through June, 2024
As required by the OIP, each agency shall file with the OIP a report setting forth the following information:
(1) The number of requests for access to records for which fees were assessed; and
(2) The number of requests for access to records which qualified for a waiver of fees pursuant to section 2-71-32, and the amount of fees waived for each request.