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The fine schedule provides a basis for negotiated settlement and provides both the <br />Board, Licensed Contractors and Board staff with a procedure to address increasing <br />penalties to frequent and repeat violations. However, the Board recognizes that <br />infrequent violations could, over time, result in substantial penalties and therefore, a <br />time limit for considering the cumulative violations of licensed contractors is appropriate. <br />POLICY: <br />It is the policy of the Board to delegate the authority to allege violations and negotiate <br />stipulated settlements with licensed contractors, private drillers and pump installers to <br />the State Engineer. The Board retains the authority for approval of the stipulation and <br />the licensed contractor and private driller and pump installer retain the right to a hearing <br />on the alleged violations. The Board approves the stipulated settlement form attached <br />to this policy. The Board approves the fine schedule attached to this policy. All <br />documents attached are control dated to correspond to the original date of this policy <br />(June 1, 2004). <br />Generally, violations by licensed contractors addressed through the Stipulated <br />Settlement provisions of this policy shall be cumulative for tour years from the date of <br />settlement or final hearing. A violation from more than four years prior shall not be <br />counted against a licensed contractor for the purpose of determining fines or penalties <br />according to the "Fine Schedule" in the Stipulated Settlement process. This limitation <br />does not apply to stipulated resolutions negotiated in response to service of a formal <br />Notice of Hearing or any other formal hearing proceedings of the Board or District Court. <br />The effective date of this amended policy is October 7, 2008 and can only be modified <br />or revoked in writing. <br />'I <br />Dated this 1 day of October 2008. <br />Timothy L. cker, Chairman <br />Board of Examiners of Water Well Construction <br />And Pump Installation Contractors <br />