R655-4-6. Administrative Penalties

  Administrative penalties ordered against a licensed driller by the Presiding Officer following a hearing can include probation, administrative fines, license suspension, and license revocation. Administrative penalties are ordered based on the severity of the infraction (Level I, II, III from Tables 1-3 of Section 5.1) as well as the recurrence of an infraction. The maximum administrative fine per infraction shall be capped at $1000.

  6.1 Level I Administrative Penalties: Level I administrative penalties shall be levied against Level I administrative infractions (see Table 1 of Section 5.1). The Level I administrative penalty structure is as follows:

  6.1.1 At the first conviction of Level I infractions, the disciplinary action for the infractions shall be probation.

  6.1.2 Second conviction shall result in probation and a fine at a rate of $2.50 per infraction point.

  6.1.3 Third conviction shall result in probation and an elevated fine at a rate of $5.00 per infraction point.

  6.1.4 Fourth conviction shall result in an elevated fine at a rate of $10.00 per infraction point and possible suspension.

  6.1.5 Continued and repeated convictions beyond the fourth conviction may result in an elevated fine at a rate of $10.00 per infraction point and possible suspension or revocation.

  6.1.6 Fines for late well logs and abandonment logs shall be calculated separately and added to fines calculated for other infractions. For late well log infractions, the points associated with each infraction shall be multiplied by a factor based on the lateness of the well log. The infraction point multipliers are as follows in Table 5:

TABLE 5

Tardiness of the log Infraction Point Multiplier

    1-2 weeks 0.50

    2-4 weeks 1.00

    1-3 months 1.50

    3-6 months 2.00

    6-9 months 2.50

    9-12 months 3.00

    Over 12 months 4.00

  6.2 Level II Administrative Penalties: Level II administrative penalties shall be levied against Level II administrative infractions (see Table 2 of Section 5.1). The Level II administrative penalty structure is as follows:

  6.2.1 At the first conviction of Level II infractions, the disciplinary action shall result in probation and a fine at a rate of $2.50 per infraction point.

  6.2.2 Second conviction shall result in probation and an elevated fine at a rate of $5.00 per infraction point.

  6.2.3 Third conviction shall result in possible suspension and an elevated fine at a rate of $10.00 per infraction point.

  6.2.4 Continued and repeated convictions beyond the fourth conviction may result in an elevated fine at a rate of $10.00 per infraction point and possible suspension or revocation.

  6.3 Level III Administrative Penalties: Level III administrative penalties shall be levied against Level III construction infractions (see Table 3 of Section 5.1). The Level III administrative penalty structure is as follows:

  6.3.1 At the first conviction of Level III infractions, the disciplinary action shall result in probation and a fine at a rate of $5.00 per infraction point.

  6.3.2 Second conviction shall result in possible suspension and an elevated fine at a rate of $10.00 per infraction point.

  6.3.3 Third conviction may result in an elevated fine at a rate of $10.00 per infraction point and possible suspension or revocation.

  6.3.4 Level IV Administrative Penalties: The Level IV administrative penalty shall be levied against a Level IV application requirement infraction (see Table 4 of Section 5.1). The Level IV administrative penalty is revocation of the license at first conviction.

  6.4 Administrative Penalties - General

  6.4.1 Penalties shall only be imposed as a result of a well driller hearing.

  6.4.2 Failure to pay a fine within 30 days from the date it is assessed shall result in the suspension of the well driller license until the fine is paid.

  6.4.3 Fines shall be deposited as a dedicated credit. The state engineer shall expend the money retained from fines for expenses related to well drilling activity inspection, well drilling enforcement, and well driller education.

  6.5 Probation: As described above in Sections 6.1, 6.2, and 6.3, probation shall generally be the disciplinary action imposed in situations where the facts established through testimony and evidence describe first time infractions of the administrative rules that are limited in number and less serious in their impact on the well owner and on the health of the aquifer. The probation period shall generally last until the number of infraction points on the well driller's record is reduced below 70 through any of the options described in Subsection 4-5.5.

  6.6 Suspension: Suspension shall generally be the disciplinary action imposed in situations where the facts established through testimony and evidence describe repeated convictions of the administrative rules, or infractions that a pose serious threat to the health of the aquifer, or a well driller's apparent disregard for the administrative rules or the state's efforts to regulate water well drilling. Depending upon the number and severity of the rule infractions as described above in Sections 6.1, 6.2, and 6.3, the state engineer may elect to suspend a well driller license for a certain period of time and/or until certain conditions have been met by the well driller. In establishing the length of the suspension, the state engineer shall generally follow the guideline that three infraction points is the equivalent of one day of suspension. A well driller whose license has been suspended shall be prohibited from engaging in regulated well drilling activity. License suspension may also result in the exaction of the Well Driller Bond as set forth in Subsection 4-3.9.4. A well driller whose license has been suspended is allowed to work as a registered operator under the direct, continuous supervision of a licensed well driller. If the suspension period extends beyond the expiration date of the water well driller license, the water well driller may not apply to renew the license until the suspension period has run and any conditions have been met. Once the suspension period has run and once all conditions have been met by the well driller, the suspension shall be lifted and the driller shall be notified that he/she may again engage in the well drilling business. The well driller shall then be placed on probation until the number of infraction points on the well driller's record is reduced below 70 through any of the options described in Subsection 4-5.5.

  6.7 Revocation: Revocation shall generally be the disciplinary action imposed in situations where the facts established through testimony and evidence describe repeated convictions of the administrative rules for which the well driller's Utah Water Well License has previously been suspended. Revocation shall also be the disciplinary action taken if after a hearing the facts establish that a driller knowingly provided false or misleading information on a driller license application. A well driller whose license has been revoked shall be prohibited from engaging in regulated well drilling activity. License revocation may also result in the exaction of the Well Driller Bond as set forth in Subsection 4-3.9.4. A well driller whose license has been revoked is allowed to work as a registered operator under the direct, continuous supervision of a licensed well driller. A well driller whose water well license has been revoked may not make application for a new water well license for a period of two years from the date of revocation. After the revocation period has run, a well driller may make application for a new license as provided in Section R655-4-3. However, the well drilling experience required must be based on new experience obtained since the license was revoked.