Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person shall be licensed by the Board before the person may practice well drilling in this State. A person who has not been licensed by the Board may, after having notified the county board of health, install a temporary dewatering device to facilitate the installation of underground utilities if the device: Is installed 30 feet or less below the ground surface; Is not located in any trench used for the installation of underground utilities; Contains no mechanical pumping equipment below the surface; and Is removed no more than 30 days after installation. A person installing a temporary dewatering device under subsection (b) of this section shall restore the subsurface conditions of the installation area as nearly as possible to the conditions that existed before the installation.

The Board shall adopt rules and regulations for the qualifications of applicants. Except as otherwise provided in this title, to qualify for a license, an applicant shall meet any reasonable qualifications or requirements that the Board establishes for license applicants.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; and Pay to the Board an application fee set by the Board.

If the Board requires an examination, an applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section. The Board shall give any examination that it requires to applicants at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle. The Board may supplement a written examination given under this section with an oral or practical examination.

Subject to the provisions of this section, the Board may make a reciprocal agreement with any other state to waive any examination or fee requirement of this title for an applicant who is licensed to practice well drilling in that state. An agreement made under this section may allow the Board to grant a waiver only if the applicant provides adequate evidence that the applicant: Meets the qualifications or requirements established by the Board under this title; and Became licensed in the other state after passing in that or any other state an examination that is similar to any required examination for which the applicant is seeking the waiver. An agreement may be made under this section only if, under the agreement, the other state waives the examination or fee requirement of licensees of this State to a similar extent as this State waives the examination or fee requirements for individuals licensed in that state.

The Board shall issue an appropriate license to any applicant who: Meets the requirements of this title; Pays the required fee; and Provides evidence of any performance bond and contractor’s liability insurance that the Board may require. In accordance with its rules and regulations, the Board shall issue well driller licenses and restricted licenses. There are 3 categories of well driller licenses: Well driller general; Well driller–geotechnical; and Well driller–water supply. A well driller license may be limited to the drilling of wells for particular purposes. There are 3 categories of restricted licenses: Water conditioner installer; Water pump installer; and Well rig operator. There is a master class license and a journeyman class license in each category of well driller license. There is an apprentice class well driller license which shall serve as: The apprentice license for all categories of well driller licenses; and The apprentice license for the well rig operator category of restricted license. There is an apprentice class license in the following restricted license categories: Water conditioner installer; and Water pump installer. The Board shall designate on each license issued the category and, where applicable, the class of the license. Until July 1, 1993, this title does not prohibit any master well driller licensed by the Board on July 1, 1990 from practicing well drilling while obtaining the education and experience required to be licensed under any one of the 3 categories of well driller licenses in this title. The Board may waive the examination requirement of this title for any master well driller licensed by the Board on July 1, 1990 who provides to the Board satisfactory evidence that the licensee has: Well driller–geotechnical – installed geotechnical wells during the past 7 years and obtained national certification as a monitoring well driller or completed a 40–hour training program dealing with hazardous waste or monitoring site operations required by the Occupational Safety and Health Administration; Well driller–water supply – installed 20 water supply wells during the past 7 years and acquired 10 of the 20 hours of continuing education required by § 13–308 of this subtitle in water conditioning and water pump technology; or Well driller–general – fulfilled the requirements of subparagraphs (i) and (ii) of this paragraph. The Board shall adopt regulations to implement the provisions of this section.

Each class of license authorizes the licensee to practice well drilling under the conditions set by the rules and regulations of the Board for that class of license while the license is effective. A license does not permit a licensee to make any well for which the following permits have not been obtained from the Department, if required: A permit to drill a well under § 9-1306 of this article; or A water appropriation or use permit under § 5-502 of this article.

A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. At least 1 month before the license expires, the Board shall send to the licensee, by first–class mail to the last known address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before the license expires, the licensee periodically may renew it for an additional 2–year term if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; Satisfactory evidence of compliance with the performance bond and contractor’s liability insurance requirements of the Board; and Satisfactory evidence of compliance with any continuing education requirement established under this subtitle for license renewal. Beginning July 1, 1985, within the license renewal period, each licensee shall comply with the continuing education requirements of this section as a precondition for the renewal of that license. A licensee shall complete 20 hours of approved continuing education instruction covering well drilling subject matter approved by the Board. The Board shall approve the substance and form of each continuing education course, if the course is: Offered by qualified instructors experienced in the well drilling industry and approved by the Board; or Conducted by educational institutions approved by the Board. The licensee is responsible for the cost of any continuing education course. The Board may waive the requirements of this subsection if a person can show just cause why that person is not able to meet the requirements. The Board may not require a licensee who applies for a renewal of the license to take an examination. The Board shall renew the license of each licensee who meets the requirements of this section.

Subject to the provisions of this section, the Board shall issue a temporary license to an applicant who: Demonstrates to the satisfaction of the Board that granting a temporary license to the applicant is in the public interest and does not pose a substantial risk of harm to the public health or welfare or the environment; Meets the requirements of §§ 13-303 and 13-306 of this subtitle; and Passes an examination on applicable Maryland well construction regulations. While it is effective, a temporary license to practice well drilling authorizes the holder to practice well drilling subject to the same restrictions imposed on the holder of a license of the same category and class. A temporary license expires at the first to occur of the following: When the Board issues or refuses to issue a license under § 13-306 of this subtitle; or On the expiration date that the Board designates on the temporary license.

Subject to the hearing provisions of § 13-311 of this subtitle, the Board shall suspend or revoke a license if the licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another; Fraudulently or deceptively uses a license; or Is guilty of gross negligence, incompetence, or misconduct while practicing well drilling. Subject to the hearing provisions of § 13-311 of this subtitle, the Board may deny a license to any applicant on any of the grounds specified in subsection (a) of this section. Subject to the hearing provisions of § 13-311 of this subtitle, the Board may deny a license to any applicant, reprimand a licensee, or suspend or revoke a license if the Board finds that the applicant or licensee: Has violated any law, rule, or regulation that applies to practicing well drilling; or Has been disciplined by a licensing or disciplinary authority of any other state or county, or been convicted or disciplined by a court of any state or county, for an act that would be grounds for disciplinary actions under this subtitle.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13–310 of this subtitle or § 13–506 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The hearing notice shall be served in accordance with § 1–204 of this article at least 30 days before the hearing. The person may be represented at the hearing by counsel. The Board may issue subpoenas and administer oaths in connection with any proceeding under this section. If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

On the affirmative vote of at least 5 members of the Board, the Board may reinstate a license or reissue a license to any person whose license has been suspended.