KRS 223.425: Application for certificate or renewal -- Qualifications of water well driller

-- Limited exemption for users of divining rods -- Term of certificate -- Water

well driller's assistant card -- Supervision of assistants -- Administrative

regulations.

(1) Application for a certificate, or for renewal thereof, shall be made to the cabinet in

writing under oath or affirmation, upon forms prescribed and furnished by the

cabinet. The applications shall include:

(a) The name and address of the applicant;

(b) Prior experience, if any, in the field for which the applicant is applying;

(c) Any other information that the cabinet deems necessary in order to carry out

the provisions of KRS 223.405 to 223.460; and

(d) All past and current licenses held in this or any other state relating to the

provisions of KRS 223.405 to 223.460.

(2) The cabinet may issue a water well driller certificate to any applicant who meets all

of the provisions of KRS 223.405 to 223.460 and:

(a) Is at least eighteen (18) years of age; and

(b) Is legally permitted to work in the United States; and

(c) Has worked for two (2) years under the supervision of a certified water well

driller or has other suitable experience or education as determined by the

cabinet. For those in business on Jul y 13, 1984, the two (2) year experience

requirement shall be deemed satisfied if the driller has engaged in water well

drilling, over the two (2) previous years; and

(d) Has a passing grade on the examination as determined by the cabinet.

(3) Those persons who are water witchers, dowsers, diviners, and any others who use

divining rods for the purpose of locating underground water resources shall be

exempt from KRS 223.405 to 223.460 for the purpose of locating underground

water resources, but are not exempt from the requirements of KRS 223.405 to

223.460 for the purpose of installing water wells.

(4) The term of each certificate shall be one (1) year. Each certificate shall carry with it

the right to successive renewal upon application and payment of fee, un less the

board finds that the certified individual has failed to comply satisfactorily with KRS

223.405 to 223.460 or the regulations promulgated pursuant to KRS 223.420 or

223.435.

(5) Application for a certified water well driller's assistant card shall be made on forms

prescribed and furnished by the cabinet. Applications shall include the following

information:

(a) Name and address of the applicant;

(b) Prior experience, if any, in the field for which the applicant is applying;

(c) Past and current licenses held in the Commonwealth or any other state that

relates to KRS 223.405 to 223.460;

(d) Proof that the applicant is at least eighteen (18) years of age;

(e) Proof that the applicant is legally permitted to work in the United States;

(f) Proof that the applicant has a passing grade on examinations required by the

cabinet;

(g) An affidavit of supervision signed by the certified water well driller, which

shall include, at a minimum, the following information:

1. The name and certification number of the certified water well driller;

2. The name of the company under which the certified water well driller

works;

3. The name and address of the certified water well driller's assistant to be

supervised under the company identified in subpara graph 2. of this

paragraph;

4. The effective date when supervision is to begin, and a statement that

supervision shall remain in effect until such time as the certified water

well driller provides written notice to the Division of Water and the

water well driller's assistant of the termination of supervision;

5. The types of duties or operations to be performed by the water well

driller's assistant while under supervision of the certified water well

driller, and a statement that the work to be performed sha ll be in

accordance with all applicable statutes and administrative regulations;

and

6. Notarized signatures of the certified water well driller and the certified

water well driller's assistants; and

(h) Any other information that the cabinet deems necessa ry in order to carry out

KRS 223.405 to 223.460.

(6) The water well driller's assistant card shall be effective for one (1) year and shall be

subject to successive renewal upon submission of application and payment of

prescribed fee by the cabinet unless:

(a) The cabinet finds that the certified water well driller's assistant has failed to

comply with any of the provisions of KRS 223.405 to 223.460 or the

administrative regulations promulgated thereunder; or

(b) The certified water well driller's assistant has failed to maintain an annual

minimum of eight (8) hours of continuing education credits.

(7) A certified water well driller is allowed to supervise a maximum of two (2) certified

water well driller's assistants at any given time.

(8) The water well dri ller's assistant shall be under the certified water well driller's

direct supervision when constructing, modifying, abandoning, or testing a water

well.

(9) The cabinet shall promulgate administrative regulations to establish the required

forms, process, e xamination, fees, affidavit of supervision, requirements of direct

supervision by the certified driller, and any other requirements necessary for the

implementation of the water well driller's assistant certification program.