Form. An application for a license issued by the Board shall be made on the form provided by the Board. Documentation. An applicant for a license may be required to submit directly to the Board whatever evidence the Board deems necessary to establish professional qualifications and experience. Fee. The application shall be accompanied by the application fee. The application fee is not refundable or transferrable. Notarization. The application form shall be notarized before submission to the Board. An application is not complete until all required application documents, including the fee and supporting documentation, have been received by the Board. The Board's Executive Director may return an application to the applicant with a statement of the reason for rejection if the Executive Director determines that the application does not contain: The name, address, and age of the applicant; The name and address of the applicant's employer; The education and experience qualifications of the applicant; Notarization; or The application fee. The Board shall withhold final consideration of the application until the application is complete. If all requested supporting documents are not received within 90 days of receipt of the application, the Board shall notify the applicant of the missing documents. Applications for license shall be held for 1 year from the date of initial receipt, after which the application will be terminated and the application fee forfeited. Except as provided in Regulation .02, of this chapter, the Board shall review all applications within 60 days of receipt of the completed application. Action on an application includes one of the following: Return of the application if the Board determines that it is incomplete; Approval of the applicant for examination at the appropriate class or category, or both, as determined by the Board; or Denial of the application for a license. Notification. The Board shall give written notification to an applicant of any action taken by the Board on the applicant's application. Denial of Application for License. The Board may deny an application if the Board determines that the applicant has: Failed to demonstrate that the applicant is eligible for examination under COMAR 26.05.01.04; or Committed any act that would be a basis for disciplinary action under COMAR 26.05.04.01. The Board shall notify an applicant of the basis for the denial by first-class mail. Reconsideration and Appeal of Application Denial. An applicant may appeal the denial of the application under §D, of this regulation, by notifying the Board in writing by certified mail within 30 days of receipt of the Board's decision. In the case of a denial under §D(1)(a), of this regulation, an applicant may appeal the denial of the Board in writing by certified mail within 30 days of receipt of the Board's decision by: Submitting new or additional evidence to clarify or amplify the applicant's qualifications; or Requesting an informal meeting with the Board. In the case of a denial under §D(1)(b), of this regulation, the applicant may appeal the denial by requesting a hearing in accordance with the procedures outlined in COMAR 26.05.04. The Board shall notify the applicant of the applicant's eligibility to take an examination at least 30 days before the next scheduled examination. An eligible applicant shall sit for the written examination on the date on which the examination is scheduled, unless the applicant has: Received the prior approval of the Board to postpone examination of the applicant until a future specified exam date; Received the prior approval of the Board to be tested orally in whole or in part upon a showing of the existence of exceptional circumstances, for example, the applicant suffers from dyslexia or other reading disability; or Satisfied the requirements for licensure by reciprocity as set forth in Regulation .09 of this chapter. Frequency. The Board shall offer a written examination at least three times a year. The times and places within the State for the written examination shall be announced by the Board. Location. The written examination shall be given in a convenient location and shall be administered and proctored by a representative of the Board. Purpose. Examinations shall test an applicant's technical knowledge and the applicant's knowledge of applicable Maryland laws and regulations concerning the construction of wells or the installation of well system equipment, or both. Passing Score. An individual shall attain a score of at least 70 percent to pass the Board's examination. Notification. The Board, within 45 days after the examination, shall inform the applicant in writing as to whether the applicant has passed the examination. Within 90 days of receipt of the notification in §G(1), of this regulation, any applicant who has passed the examination shall satisfy all remaining licensure requirements as set forth in COMAR 26.05.01.03. Reexamination. Except as provided in §H(2), of this regulation, an individual who fails the examination or fails to appear for two consecutive examinations may reapply for examination by paying the application fee. An individual who fails any Board examination two consecutive times may be required to satisfy any of the following requirements before reexamination: Appear in person before the Board; or Obtain additional training. Amount of Bond and Insurance. Before a person may be licensed by the Board, that person shall demonstrate to the satisfaction of the Board that all practice of well drilling to be done by the person will be covered by a performance bond and contractor's liability insurance as set forth below: Master well driller: Bond -------------------------------- $5,000 aggregate; Liability Insurance: Bodily Injury ----------------------- $100,000 each person, $300,000 each occurrence, Property Damage -------------------- $50,000 each occurrence,$50,000 aggregate. Journeyman Well Drillers, Well Rig Operators, and Apprentices. Bond and liability insurance is not required. All practice of well drilling done by these licensees shall be covered by the bond of the principal licensee and the liability insurance of the principal licensee or the principal licensee's employer. Water pump installers and water conditioner installers: Bond -------------------------------- $2,000 aggregate; Liability Insurance: Bodily Injury ----------------------- $100,000 each person, $300,000 each occurrence, Property Damage -------------------- $50,000 each occurrence, $50,000 aggregate. Form of Bond and Liability Insurance. The initial bond shall be completed on a form provided by the Board. Before the Board approves the continuance of a bond or contractor's liability insurance, the applicant shall demonstrate that the form of the bond and insurance is acceptable to the Board. Subject to approval by the Board, liability insurance may be obtained in the name of the company that employs or will employ licensees on particular jobs. Claims Against Bond. A claim against a bond is made to the corporate issuer of the bond, and not to the Board. Period of Liability. The period of liability of a bond is 2 years after the submission of the last accepted well completion report. If there is an outstanding claim, the bond may not be released until the claim is resolved and the 2-year period has passed. Effect of Cancellation or Other Loss of Bond or Liability Insurance. Subject to the provisions of the Administrative Procedure Act, the Board shall suspend the license of any licensee if the licensee becomes unbonded or uninsured. A licensee who has a bond or liability insurance cancelled or otherwise becomes unbonded or uninsured shall immediately notify the Board of this event. Upon request by the Board, the licensee shall return the suspended license to the Board. A suspended license that is returned to the Board under this section will be reactivated and returned to the licensee only if the licensee demonstrates to the satisfaction of the Board that the bonding and insurance requirements of §A, of this regulation, have been satisfied. Prohibition. A licensee may not practice well drilling or exercise any of the privileges associated with having a license unless the licensee is covered by a valid surety bond and contractor's liability insurance as set forth in §A, of this regulation. Renewal. A license may be renewed for a 2-year period by the Board if the licensee has: Submitted an application for renewal within 60 days before the expiration date of the license; Paid the required renewal fee; Completed the necessary approved training as required by COMAR 26.05.03 and submitted proof of training; and Submitted evidence of bonding and liability insurance as required by Regulation .05 of this chapter. Except as provided in §C(1), of this regulation, the Board may deny the application to renew a license if the applicant: Has failed to satisfy any of the requirements of §A(1), of this regulation; or Is the holder of a temporary license. Notification. The Board shall notify the licensee of the need to renew the license not later than 60 days before expiration. Failure to notify the licensee does not relieve the licensee of the licensee's obligation to renew the license, nor does it affect the expiration of the license. Late Renewal. An applicant may apply for late renewal within 30 days following the expiration date of the license by: Submitting a completed renewal application within the 30-day period; Satisfying the renewal requirements under §A(1)(b)—(d), of this regulation; and Paying the late renewal fee to the Board. Failure to comply with the requirements of §C(1), of this regulation, results in the automatic termination of the license. The former licensee shall then comply with the current requirements for either reinstating an expired license or obtaining a new license under this subtitle. Inactive Status. A licensee may place or continue his or her license on an inactive status for a 2-year period, if the licensee has: Submitted an application for inactive status within 60 days before the expiration date of the license; and Paid the required inactive status fee. Before the Board reactivates the license of an inactive-status licensee, that licensee shall satisfy the renewal requirements of §A(1)(b)—(d), of this regulation. A licensee may obtain a duplicate license to replace a license that has been lost, destroyed, or mutilated if the licensee: Makes a written, notarized request to the Board, stating the reason for the request; and Pays the license replacement fee to the Board. An applicant for reinstatement of a license which has been expired for more than 3 consecutive years is subject to examination before being issued a new license. Otherwise, if a former licensee for any reason applies to the Board for reinstatement, the Board shall reinstate the license if the licensee: Submits an application for reinstatement on the form required by the Board within 3 years after the license expired; Fulfills all renewal requirements in effect at the time of application for reinstatement; Pays all past due or lapsed renewal fees to the Board; and Pays the reinstatement fee to the Board. The Board may waive the examination under Regulation .04, of this chapter, for an applicant who: Files an application for a license on the form required by the Board; Is licensed in an equivalent class or category, or both, of license in a state with which the Board has made a reciprocal agreement as provided in §B, of this regulation; Provides adequate evidence that the applicant: Meets the experience requirements in COMAR 26.05.01.04, Passed an examination, in the licensing state or any other state, that is substantially similar to the Board's examination; Has paid the application fee and the licensure fee as specified in Regulation .10, of this chapter; and Has provided the Board, when applicable, with acceptable evidence that the bonding and liability insurance requirements have been satisfied. The Board may make a reciprocal agreement with any other state to waive the examination requirement for an applicant who is equivalently licensed in that state, provided that, under the agreement, the other state waives the examination requirement for licensees of this State to a similar extent, and applicants from the reciprocal state satisfy the requirements of §A of this regulation. Payment of all fees under this subtitle shall be in the form of a personal check, cashier's check, or money order made payable to the “Maryland State Board of Well Drillers”. The following fees are established by the Board for items and services provided under this subtitle: Application fee $75; License fee: Late renewal fee — $200; Inactive status fee — $50; Reinstatement fee — $400; License or card replacement fee — $50; Name or address change — No fee; Roster — $75. Environment Article, §§13-101 et seq., and 13-207, Annotated Code of Maryland Effective date: December 24, 1990 (17:25 Md. R. 2910) Regulation .10B amended effective June 20, 1994 (21:12 Md. R. 1063); November 1, 2010 (37:22 Md. R. 1555); August 29, 2016 (43:17 Md. R. 959)