| (a) A person not licensed or registered to perform
drilling or pump installing work may assist a licensed driller or
pump installer, pursuant to the Code, provided that the unlicensed
person is not primarily responsible for the drilling or installation
operations, and provided that the unlicensed person:
(1) performs drilling work under the direct supervision
of a licensed driller who has been licensed for a minimum of two (2)
years; or
(2) performs pump installing work under the direct
supervision of a licensed pump installer who has been licensed for
a minimum of two (2) years.
(b) For purposes of this Chapter and the Code, a licensed
driller or pump installer provides "direct supervision" to an unlicensed
assistant if the licensed driller or pump installer:
(1) is present at the well site at all times during
all drilling or pump installing operations performed by the assistant;
or
(2) is represented at the well site by the unlicensed
assistant, capable of immediate communication with the licensed driller
or pump installer at all times and the licensed driller or pump installer
is no more than a reasonable distance from the well site, but no further
than a two (2) hour arrival time; and
(3) inspects the well site at least once in every twenty-four
(24) hour period of operation.
(4) The requirements of paragraphs (2) and (3) will
expire June 1, 2016.
(c) The supervising licensee is responsible for direct
supervision of the unlicensed assistant, and for ensuring that the
unlicensed assistant performs drilling or pump installing work in
compliance with the Code and this Chapter.
(d) Any allegation of a violation of this Chapter or
the Code against an unlicensed person performing drilling or installing
work as an unlicensed assistant to a driller without direct supervision,
may be opened as a complaint against both the licensee responsible
for supervising the unlicensed person, and the unlicensed person.
(e) An unlicensed assistant may not contract, bid,
advertise or accept payment for drilling or pump installing services.
|
| Source Note: The provisions of this §76.26 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756 |
