North Dakota Administrative Code Title 90 - Water Well Contractors, Board of
North Dakota Administrative Code Title 90 — Board of Water Well Contractors
1. Overview
Title 90 of the ND Administrative Code establishes the rules and regulations governing the certification, operation, and oversight of water well contractors, pump and pitless unit installers, monitoring well contractors, and geothermal drillers in North Dakota. The Board of Water Well Contractors is the regulatory body created under this title to oversee the licensing and discipline of these contractors.
The purpose of these rules is to:
Protect public health and groundwater quality by ensuring that wells are drilled and maintained by qualified and certified professionals.
Ensure contractors meet minimum experience, training, and bonding requirements.
Maintain professional standards through examinations, continuing education, and enforcement.
2. Statutory Authority
The Board’s authority comes from North Dakota Century Code (NDCC) Chapter 43-35, which:
Creates the Board of Water Well Contractors.
Requires contractors to be certified before engaging in drilling or installing wells and related equipment.
Empowers the Board to issue, renew, suspend, or revoke certifications.
Sets penalties for violations, such as operating without certification.
3. Key Provisions in Title 90
A. Certification Requirements
An applicant must have at least one year of experience or apprenticeship under the direct supervision of a certified water well contractor or an approved equivalent.
The experience must be documented and verifiable, including references, dates, and work performed.
The Board administers written examinations to test knowledge of water well construction, safety, and regulations.
Applicants must post a surety bond and pay required fees.
Certification categories include water well contractors, pump and pitless unit installers, monitoring well contractors, and geothermal drillers.
B. Definitions
Certificate Holder: an individual or entity holding a valid certification.
In Charge: a certificate holder who exercises supervisory control over work performed.
One-Year Experience: full-time work for at least 12 months under certified supervision or approved equivalent training.
Continuing Education: Board-approved training hours required for certificate renewal.
C. Examinations
Examinations are conducted periodically.
Applicants must pass to obtain certification.
The Board sets standards and procedures for examinations, including handling retakes and appeals.
D. Enforcement and Penalties
Conducting water well contracting or related work without certification is prohibited.
The Board may suspend or revoke certificates for violations, such as failure to supervise properly or non-payment of fees.
The Board may impose penalties, require corrective actions, or refer matters for prosecution.
4. Legal Principles and Case Law
There is limited direct case law interpreting Title 90 or Board decisions. However, related case law in North Dakota on administrative agency powers, statutory interpretation, and enforcement offers useful guidance.
A. Agency Authority and Deference
Courts recognize that administrative boards, like the Board of Water Well Contractors, derive authority from statutes and must act within their delegated powers.
When reviewing a Board decision, courts apply the arbitrary and capricious standard. A decision is upheld if it is supported by substantial evidence and not unreasonable.
For example, in a North Dakota Supreme Court case involving a regulatory board (hypothetical scenario), the court stated that an agency’s decision must be based on facts and a rational explanation, not on whim or personal preference.
B. Certification and Experience Requirements
The statutory requirement of “one year’s experience under direct supervision” means that experience must be supervised by a certified person who oversees the applicant’s work.
In analogous cases, courts have upheld agencies’ discretion in determining what counts as sufficient experience, so long as the Board follows its rules fairly and considers evidence.
C. Enforcement and Penalties
Operating without a license or certification is illegal under ND law.
Courts have consistently supported regulatory agencies’ authority to suspend or revoke licenses where there is clear evidence of violation.
In cases where contractors argued procedural defects in revocation, courts examined whether the agency gave proper notice and opportunity to be heard. Proper administrative procedure must be followed.
5. Hypothetical Case Example
Case: Smith v. Board of Water Well Contractors (Hypothetical ND Supreme Court, 2023)
Smith applied for certification but was denied by the Board due to insufficient verified experience under a certified supervisor.
Smith challenged the denial, claiming his experience under a non-certified supervisor should count.
The court held the Board’s denial was lawful since the statute clearly requires supervision by a certified contractor or approved equivalent.
The Board’s decision was supported by substantial evidence and was not arbitrary or capricious.
The court emphasized that courts defer to the Board’s expertise in technical matters, so long as the process was fair.
6. Important Takeaways
Certification under Title 90 is mandatory to legally perform water well contracting work in North Dakota.
The Board has broad authority but must act within statutory and regulatory limits.
Courts will generally uphold Board decisions if supported by evidence and proper procedures.
Contractors must maintain records of experience, adhere to supervision requirements, and comply with continuing education.
Failure to comply can result in suspension, revocation, or penalties.
7. Summary
The North Dakota Administrative Code Title 90, backed by state statute, establishes a regulatory framework to protect public safety and water resources by requiring certification of water well and related contractors. The Board administers certification, examinations, and enforcement. Although direct case law on the Board is sparse, general principles of administrative law apply: courts give deference to the Board’s technical expertise, require rational decisions supported by evidence, and insist on procedural fairness.
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