Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 232 - WELL DRILLERS AND PUMP INSTALLERS RULES › Chapter 9 - COMPLAINTS INVESTIGATIONS AND PENALTIES › Section 144-232-9-900.0 - COMPLAINTS AND INVESTIGATIONS

Current through 2024-29, July 17, 2024
900.1
Written petitions:
Complainants must petition the commission in
				  writing within 24 months of completion of a water well or geothermal heat
				  exchange well. Complainants must petition the commission within 24 months of
				  the installation, repair or replacement of a pump system. A licensee must
				  respond to a complaint filed with the Commission and provide requested
				  information to the best of his or her ability within 14 days of the date of
				  written notice unless a written request for additional time has been approved
				  by the Commission.
900.2
Investigations:
The commission or the Department shall investigate
				  complaints and cases of noncompliance with, or violation of the applicable
				  statutes or the well driller and pump installer code of performance adopted by
				  the commission.
900.3
Third
				  party investigators:
At the commission's discretion, an investigation of
				  an alleged violation may be conducted by a neutral qualified individual. Upon
				  the filing of a complaint, in form satisfactory to the Commission, the licensee
				  who is the subject of the complaint may petition the Commission within 30 days
				  of notification of the complaint to have a neutral qualified individual other
				  then the Commission's initial choice, acceptable to both the licensee and the
				  Commission, appointed to conduct the investigation and report to the
				  Commission. All costs and expenses charged by the licensee's neutral qualified
				  individual shall be the responsibility of and paid for by the
				  licensee.
900.4
Referrals:
The commission may refer a complaint to the Attorney
				  General.
900.5
Suspension
				  and/or revocation:
The commission will determine if a violation has
				  occurred and shall notify the responsible well driller, well drilling company,
				  closed loop geothermal installer, closed loop installation company, pump
				  installer or pump installation company by certified or registered mail of the
				  violation and order the responsible party to correct the violation within sixty
				  (60) days of receipt of the notification, or within 48 hours of receipt of the
				  notification if the commission makes a determination that the violation has
				  resulted in a significant threat to public health, including but not limited to
				  verified or potential contamination by pathogenic organisms. If the violation
				  is not corrected within sixty (60) days, or within 48 hours of receipt of the
				  notification if the commission makes a determination that the violation has
				  resulted in a significant threat to public health, or if the commission finds a
				  violation of any section of these rules, the commission may initiate revocation
				  or suspension of the license of the responsible party or parties. The duration
				  of the suspension shall be determined by the commission upon a review of the
				  number of violations accumulated by the licensee, the severity of the violation
				  and its potential impact on public health, and the level of cooperation with
				  the commission by the licensee to resolve the violation. A violation committed
				  by either a licensed well driller or licensed pump installer is chargeable
				  against both the individual licensee and the company for whom the individual is
				  employed. A registrant who receives a written notice of a violation or of a
				  proposed revocation or suspension of license under this rule may request a
				  hearing before the commission. The commission shall conduct a hearing in
				  accordance with the Administrative Procedures Act and issue its decision within
				  thirty (30) days of the request for a hearing. A decision of the commission
				  under this rule is a final agency action.
900.6
Reinstatement:
A well
				  driller, well drilling company, closed loop geothermal installer, closed loop
				  installation company, pump installer or pump installation company whose license
				  has been suspended may apply for license reinstatement in writing after the
				  duration of the suspension has elapsed, any fines levied by the commission have
				  been paid in full and any corrective measures ordered by the commission have
				  been completed. The commission may verify by inspection that corrective
				  measures required by the commission have been properly completed prior to
				  license reinstatement.