Title 12, Chapter 5, Section 129
( 12-5-129)
(a) The council shall suspend or revoke a license upon a finding of
one or more of the following grounds: (1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well
contractor; (5) Making substantial misrepresentations or false promises in
connection with the occupation of a water well contractor; (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135; and (7) Allowing an unlicensed driller to use or to work under such
licensee's license in any way. However, this paragraph shall not
apply to any employee of a licensed driller who receives only a
salary or hourly wage or a bona fide business partner. (b) The council shall have power and authority to hear and determine
all complaints of violations of this part and the regulations
pursuant thereto, filed with the council by any interested party,
after first giving the person against whom the complaint is filed at
least ten days' written notice of the time and place of hearing,
together with a copy of the complaint filed against such person.
Hearings will be conducted according to Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." If, upon the hearing, the
council deems such complaint meritorious, the council may, in its
discretion, suspend or revoke the license of the person against whom
the complaint is filed or may allow the person a reasonable time in
which to meet and correct the complaint of the objecting party.
Suspensions or revocations of licenses shall be conducted according
to Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act." (c) The council, by majority vote of the quorum, may reissue a
license to any person whose license has been revoked upon written
application to the council by the applicant, showing good cause to
justify the reissuance. (d) Whenever it shall appear to the council that any person is or
has been violating any provisions of this part or any of the lawful
rules, regulations, or orders of the council, the council or the
appropriate district attorney may file a petition for injunction in
the appropriate superior court of this state against such person,
for the purpose of enjoining any such violation. It shall not be
necessary to allege or prove that there is no adequate remedy at
law. The right of injunction provided for in this Code section shall
be in addition to any other legal remedy which the council has and
shall be in addition to any right of criminal prosecution provided
by law. (e) The director shall be authorized to order the cessation of
operation of any well operated in violation of this part and the
seizure of all drilling equipment used in such drilling operation;
provided, however, that the operator of any such drilling operation
shall be afforded a hearing before the administrative law judge of
the Department of Natural Resources on such order of the director
within 48 hours. |