SECTION 785:35-3-3. Revocation, suspension or non-renewal of licenses and certifications

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  • (a)   Grounds for revocation, suspension or non-renewal of licenses and certifications. The license or certification issued under this subchapter of any person who violates any provisions of the rules and regulations of the Board may be revoked, suspended, or renewal thereof denied by the Board. Grounds for revocation, suspension or denial of renewal shall include:
    (1)   Failure to submit properly completed multi-purpose completion reports in the time specified by this chapter of these rules.
    (2)   Failure to advise a person for whom a well is being drilled or pump installed that polluted water has been encountered, and that the well is a pollution hazard and must be forthwith plugged in accordance with the rules of the Board in this chapter.
    (3)   Being found to be incompetent at any activities for which the license or certification was issued.
    (4)   Intentional misrepresentation of material fact in connection with any information or evidence furnished the Board in connection with official Board matters.
    (5)   Aiding or abetting an unlicensed person to evade the provisions of this chapter of these rules; knowingly combining or conspiring with an unlicensed person; allowing one's license to be used by an unlicensed person; or acting as agent, partner, associate, or otherwise of an unlicensed person with the intent to evade the provisions of this chapter of these rules.
    (6)   Failure in any material respect to comply with the provisions of this chapter of these rules, including the payment of fees.
    (7)   Failure to reimburse the Indemnity Fund as required by the Board pursuant to OAC Section 785:35-1-5.
    (b)   Notice and hearing on revocation, suspension or non-renewal of license. The Board shall, before suspending, revoking or denying renewal of any license or operator certificate, notify the licensee or operator in writing of any changes made in order to afford such licensee or operator an opportunity to be heard unless the public health, safety or welfare imperatively requires emergency action. The hearing will be conducted in accordance with Article II of the Administrative Procedures Act (75 O.S. 2001, § 308a et seq., as amended) and OAC Title 785, Chapter 4.
    (c)   Board action.
    (1)   If the Board determines that the public health, safety or welfare requires emergency action, it shall issue an emergency order summarily suspending the license or operator certificate pending a hearing and order such emergency remedial measures as are deemed necessary to prevent pollution to waters of the state or other public harm.
    (2)   After notice and hearing, the Board may revoke, suspend or deny renewal of the license or operator certificate or order such other action as deemed appropriate. The Board may establish a probationary period and condition the continuing validity of the license on such probationary period and upon other actions, including but not limited to the proper casing or plugging of wells or such other remedial measures as deemed appropriate. In addition, the Board may impose administrative penalties as provided in 785:35-1-4(b).
[Source: Amended at 10 Ok Reg 3299, eff 6-25-93; Amended at 11 Ok Reg 2947, eff 6-13-94; Amended at 19 Ok Reg 2498, eff 6-27-02]